Estate administration refers to the legal process that occurs after someone passes away to ensure their debts are paid and assets are properly distributed according to their will or state law. In Texas, the process is governed by both state statutes and local court rules.
The role of the executor or administrator
In Texas, the estate administration process begins with the appointment of an executor or administrator. If the decedent had a valid will, the person named in the will as the executor is typically appointed by the court. If there is no will, the court will appoint an administrator, usually a close family member. The executor or administrator has several responsibilities, including gathering the decedent’s assets, paying any outstanding debts, and distributing the remaining assets according to the will or state law.
Steps in estate administration
Estate administration follows a series of steps. First, the will (if there is one) must be filed with the probate court. The court will then appoint an executor or administrator, who will notify creditors, handle the decedent’s financial matters, and pay any necessary estate taxes. Assets are then distributed to the beneficiaries according to the will or, in the absence of a will, according to Texas’s laws of intestate succession.
Timeframe for estate administration
The length of time estate administration takes depends on the complexity of the estate and whether there are any disputes. On average, it can take several months to a year to complete the process. However, if there are challenges to the will or if the estate is large or complicated, it may take longer.
Estate administration ensures that the decedent’s wishes are respected and that the estate is properly settled, and is an essential part of managing an estate.