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How to Become Executor of an Estate Without a Will in Texas

Losing a loved one is difficult—and the stress only increases when they pass away without a will. Without clear instructions, families are left to navigate the legal process of settling the estate. One of the most important early steps is identifying who can act as executor, even when the person didn’t leave one behind.

In Texas, you can’t technically be named an executor without a will. Instead, the court may appoint you as an administrator—a similar role with comparable duties. But how do you become one, and what’s required?

At The Lange Firm, we help Texans handle probate with or without a will. This guide explains how to become the legal representative of an estate when your loved one dies intestate (without a will).

What Happens If There Is No Will?

When someone dies without a will in Texas, they’re said to have died intestate. Their property doesn’t automatically go to the state—it gets distributed to heirs according to Texas intestate succession laws.

But first, someone needs to:

• Handle the deceased’s debts
  
  
• Access and distribute assets
  
  
• Represent the estate in court, tax filings, and other legal matters
  
  

This person is called the administrator, and must be appointed by the probate court.

Can You Be an Executor Without a Will?

Technically, no—because an “executor” is someone named in a will. If there’s no will, the court appoints a personal representative, officially titled the administrator of the estate.

Still, the duties of an administrator are very similar to those of an executor:

• Identify and value estate assets
  
  
• Notify creditors and pay debts
  
  
• Distribute property to heirs under the law
  
  
• File estate taxes and final returns
  
  
• Provide accounting to the court
  
  

✅ The Lange Firm helps individuals file the correct paperwork to become administrator and begin estate administration promptly.

How to Become Administrator of an Estate Without a Will in Texas

Here’s the step-by-step process to becoming the administrator of a loved one’s estate:

✅ Step 1: Determine If You’re Eligible

Texas law gives priority to close family members:

• Spouse
  
  
• Adult children
  
  
• Parents
  
  
• Siblings
  
  
• Other next of kin
  
  

You must:

• Be over 18
  
  
• Be of sound mind
  
  
• Not be a convicted felon
  
  
• Not be found unsuitable by the court
  
  

✅ Step 2: File an Application for Letters of Administration

You must file this application with the probate court in the county where the deceased lived.

The application should include:

• Details about the deceased
  
  
• Your relationship to them
  
  
• A list of known heirs
  
  
• A request to be appointed as administrator
  
  

📄 Form to file: Application for Determination of Heirship and Letters of Administration

✅ Step 3: Provide Notice and Attend a Hearing

After you file the application:

• The court will schedule a hearing
  
  
• You must provide notice to potential heirs and post notice publicly
  
  
• At the hearing, the court will evaluate whether you’re qualified and whether the estate requires administration
  
  

✅ Step 4: Get Court Approval and Take an Oath

If the court approves your application:

• You’ll take an oath to administer the estate faithfully
  
  
• You may be required to post a bond unless all heirs waive it
  
  

Then, you’ll receive Letters of Administration—the official document proving you have authority to act on behalf of the estate.

What Are Letters of Administration?

These are the legal equivalent of letters testamentary (used when there is a will). They allow you to:

• Open estate bank accounts
  
  
• Transfer real estate and vehicles
  
  
• Work with financial institutions
  
  
• Pay creditors
  
  
• Distribute assets to heirs under Texas law
  
  

Most institutions won’t speak to you about the deceased’s affairs without these letters.

What If There’s a Dispute Among Heirs?

If other family members object to your appointment, the court may:

• Delay or deny your application
  
  
• Require a formal determination of heirship
  
  
• Appoint a neutral third party as administrator
  
  

The Lange Firm represents individuals in contested heirship and probate disputes to ensure fair treatment and legal compliance.

Are There Alternatives to Full Probate?

If the estate is small and meets certain requirements, alternatives may include:

• Affidavit of Heirship (for vehicles and real property)
  
  
• Small Estate Affidavit (for estates under $75,000, excluding homestead and exempt property)
  
  
• Muniment of Title (if there’s a will but no debt and no administration is needed)
  
  

Not sure which route applies? Our attorneys will help you choose the fastest and most affordable option.

How The Lange Firm Helps With Intestate Estates

We help clients throughout Texas:

• File applications for administration
  
  
• Navigate probate without a will
  
  
• Draft affidavits and notices
  
  
• Locate and confirm legal heirs
  
  
• Avoid costly mistakes during estate administration
  
  
• Represent them in disputes and court proceedings
  
  

📞 Contact us today to schedule a probate consultation and begin administering your loved one’s estate with clarity and confidence.

Final Thoughts

So, how do you become executor of an estate without a will in Texas? You don’t—at least not in name. But you can become the administrator, and carry out all the same critical responsibilities.

✅ With help from The Lange Firm, you can move through the legal process efficiently, avoid family conflicts, and protect your loved one’s legacy—whether or not a will was left behind.