When a deceased person (decedent) dies without a will (intestate) or the decedent’s will is found to be invalid by the probate court, the court may appoint an administrator to manage the estate, assets, and liabilities of the decedent. The administrator must be qualified or approved by the court and in some instances may be required to post a bond to secure the assets of the estate.
Upon appointment of an administrator by the probate court the court may issue letters of administration that authorize the administrator to administer the decedent’s estate by collecting amounts due to the estate, paying any outstanding debts of the estate, and distributing the assets of the estate in accordance with the state’s intestate succession laws.
Laws and procedures vary from state to state but an administrator—and the administrator’s administration of the estate—may be supervised or unsupervised by the probate court and may be with or without a bond required from the administrator.
In Texas, when a person dies without a will (intestate) or their will is deemed invalid, the probate court may appoint an administrator to manage the decedent's estate. This includes handling assets, liabilities, and ensuring proper distribution according to Texas intestate succession laws. The appointed administrator must be qualified and approved by the court, and in some cases, may be required to post a bond to protect the estate's assets. The court issues letters of administration to the administrator, granting them the authority to perform their duties, which involve collecting debts owed to the estate, paying the decedent's outstanding debts, and distributing the remaining assets. The level of court supervision over the administrator can vary, with some administrations being closely monitored (supervised administration) and others granted more autonomy (independent administration). Whether an administration is supervised or independent, and whether a bond is required, depends on specific circumstances and the court's discretion.
