Intestate and Independent Administration Process in Texas

[austinstace]

My question involves estate proceedings in the state of: Texas

First, thank you for providing a forum where I see actual answers rather than advertising for your other services. Every other forum I have visited had 3 or 4 canned answers to questions and never any specific feedback. If I am every looking for services, I will return here first!

Here are the facts:

• My mother passed without a will in Texas
• She owned 3 assets of value:
  
  • House and land assessed at $57k
  • Second property with house and land (for my disabled brother) accessed at $16,540.
  • Producing mineral rights from my grandparents estate valued at $6k
• All other personal property had been given as gifts over the years and consisted of momentos and old furniture. Nothing of real value.
• She had 4 children, all living, all of age and all of sound mind
• She was a widow of 8 years
• All four of her children agree to how she wished her assets be divided
• There is no chance that there are "suprise" heirs

I have done a lot of research and think what I need to do is become the independent administrator of her estate. I just need to know what papers need to be filed and in what order.

I have prepared an Application for Determination of Heirship and Letters of Administration that includes:

• Name of applicant (me), my residence, my relationship to the decedent, that I am qualified and not disqualified by law to act as administrator.
• The name and age of the decedent and details of her death
• Decedents address at time of death
• Venue is proper
• Decedent owned property valued at approximately $75k
• A necessity exists for the administration of the estate
• Names, ages, marital status and residence of heirs, the relationship of each to the decedent and the interest each has in the estate (one-fourth each)
• All children born or adopted are listed
• Details of her three marriages, two ending in divorce, one ending in the death of her husband 8 years ago.
• That she died intestate and no will is known to any heir
• Closing with:
  
  WHEREFORE, PREMISES CONSIDERED, Applicant prays that citation and notice will issue as required by law to all persons interested in this Estate; that Applicant be appointed Administrator of this Estate; that Letters of Administration be issued to Applicant; that appraisers not be appointed; and that no other action shall be had in the county court in relation to the settlement of the Estate; and that all other orders be entered as the Court may deem proper.

I don't know what needs to be submitted by each heir to request independent administration and what other documents, if any, need to be submitted.

I appreciate any help you can provide and will be happy to answer any questions.

Thanks in advance!

[Mr. Knowitall]

Have you been to this site? Among other forms, they appear to offer a free forms package for starting the probate process and seeking appointment of an independent executor.

[lwpat]

Start by taking an original of the death certificate and your birth certificate to the probate court. The clerk can help you with filing but cannot give you any legal advice. However, many probate courts offer classes or brochures that explain the process.