How do we get administrator appointed?

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How do we get administrator appointed?

Son died single; no children. Small estate; no real property. Mother and 1sister are living. We are preparing an Affidavit of Heirship. How can we get either his mother or stepfather appointed as administrator to settle estate?

Asked on August 10, 2010 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  Generally, each state has a method for the filing of a small estate.  I am going to assume that he dies without a Will. Then your preparations of the Affidavit of Heirship is the way to go.  If the Decedent had no Will, and the total value of the estate, not counting the value of the house and other exempt property, was less than $50,000, then you can file an affidavit with the probate court of proper jurisdiction (i.e., in the county where the Decedent was a resident), stating who the proper heirs of the estate would be, using the heirship rules of section 38 of the Texas Probate Code.  You need to have 2 disinterested witnesses to swear to the heirship information contained in the affidavit. The small estate affidavit needs to be filed (the filing cost in most counties is less than $75).  When you go to the Probate Court in the county in which he was a resident at the time of his death the clerks can help guide you through the process although they can not give legal advice.  Good luck.


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