The Public Probate Administrator (the "Administrator") is a valuable resource for families and individuals navigating the probate process for estates in Texas, offering clarity and efficiency in estate administration while protecting the interests of rightful heirs and beneficiaries. However, Texas law does provide certain limitations for when it is appropriate for the Administrator to act on behalf an estate.
First, the Administrator's may only step in when there is no other suitable person or entity willing or able to administer the estate effectively. Texas law provides that the Administrator may only be appointed to serve when:
· No administrator has been appointed, and
· There are no known or suitable next of kin, and
· The property of the estate is subject to loss, injury, waste, or misappropriation OR by court order.
Second, the Administrator may only be informed of an estate that meets the criteria above by certain persons. The appropriate means of informing the Administrator of a qualifying estate is through the filling out and filing of the Report of Estate, Assets, and Losses (REAL) form. However, the only entities and individuals that may inform the Office of an estate that meets the criteria above are:
· A public officer or employee of a public office,
· A person in charge of a hospital, mental health facility, or board and care facility where the decedent passed away, or
· A funeral director in control of a decedent's remains.
When the Administrator is properly notified of a qualifying estate, the Administrator will conduct a further investigation and inform the noticer whether the Administrator will move forward with administering the estate. If a qualified person that is entitled to serve is identified, or comes forward, after the appointment of the Administrator, the Administrator will withdraw as administrator and the qualified person will be appointed successor administrator.