my brother died a week ago and so far we haven’t found his will or if indeed there is one so how to i go about being the adminstrator of his estate

I am his next of kin except for his nephew and if there is no will how do I
become the administrator of the estate.

Asked on May 4, 2017 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can make application in the prbate court located in the county in which your brother was domiciled as of the date of his death. That having been said, TX offers probate shortcuts for "small estates". These procedures make it easier and faster to transfer property assets by using simplified probate procedure or without any probate court proceedings at all by the use of an affidavit. Here is a link to a site that will explain further:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You apply to the court in the county in which he lived to be appointed as administrator, which may also be known as being the "personal representative." Contact the clerk's office for the surrogate's or probate court in that county: they can provide you information on the process.

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