Who Can Apply for Probate Administration
Section 76 of the Texas Probate Code establishes the rules for exactly who can apply for Probate Administration of an Estate. In order to apply for probate administration of an estate, the applicant must meet the criteria specified in the statute.
The person making the application can be the Executor named in the will. If you are not the Executor named in the will, then you must be an “interested party” with respect to the estate in order to make a proper application for probate administration with the Harris County Probate Court.
In addition to meeting the personal criteria, the estate itself must be within the jurisdiction of the Harris County Probate Court. In the great majority of cases, this criteria is met by reason of the deceased residing in Harris County at the time of death.
Any person who meets these criteria is permitted by Section 76 to apply to the Harris County Probate Court for any one of the following orders:
- An order admitting the will to probate;
- An order for the appointment of the Executor named in the will; or
- An order for the appointment of an Administrator, if no executor is designated in the will, or if the person so named is disqualified, or refuses to serve, or is dead, or resigns, or if there is no will.
A Houston Probate Lawyer can represent you through the Harris County Probate process to complete the administration as quickly as possible.