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After filing the petition, the court will issue Letters Testamentary (if there is a will) or Letters of Administration (if there is no will), which appoints the executor or administrator and gives him or her the authority to act on behalf of the estate.
(b) The court may not grant any administration of an estate unless a necessity for the administration exists, as determined by the court. (4) the administration is necessary to prevent real property in a decedent's estate from becoming a danger to the health, safety, or welfare of the general public.
The terms ?administrator and ?executor? are often used interchangeably, but there's a subtle difference. An administrator can refer to anyone appointed to manage the affairs of a deceased person. An executor is a specific type of administrator named in a person's will to manage their estate after they pass away.
The ?order of no administration? is used when the funeral and last expenses and the family allowance would deplete the probate estate. Texas law recognizes that it is not necessary to have a full probate in this circumstance.
How to Obtain Letters Testamentary or Letters of Administration. You have to file the application for probate, as noted above, to get these letters. There is no other way to get them. Once the court appoints the executor or administrator, the County Clerk is authorized to issue the letters.
First, you'll submit the will to the deceased's county court and file a petition (or request) for probate. You'll need to do this within four years of their death. Post a public notice. The county clerk will then post a public notice announcing the petition.
Presenting the will (if one exists). Identify and collect estate assets. Pay any debts owed by the deceased at the time of their death. Distribute the remaining money and property ing to the terms of the will or the Texas law of intestate succession (if there was no will).
An application to probate a will must be filed within four years of the decedent's death. Once the probate process has begun, however, there is no deadline by which an estate must be completed in Texas.