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My brother was removed as dependant administrator. Can I, as an heir be appointed independant administrator?

La Porte, TX |

My mother died intestate. My brother was appointed dependant 10 days after I was made aware he was applying, far past time to file a protest - on a date different that that stated for hearing.
My brother failed to care for the estate, file a inventory on time or pay utility bills and was removed after a year when I asked for a hearing to do so.
The Judge stated that he would not allow me to be administrator because " I couldn't get along with and work with my brother".
The estate is small ($30,500 in real property no valueable household furnishings) and cannot afford any large attorney or administrative fees.
I am guilty of nothing. I bear the normal amount of animosity toward my brother that any heir would under the circumstances.
Isn't independant admin still possible?

This is a new judge with no law background. I would think he wouldn't be able to refuse to consider me just because I asked for my brother to be removed. Isn't my brother and his bond liable for my costs to remove him? I would assume this would be "short and easy" work for a local attorney as 2 offers have been made to purchase the property and all claims made against the estate are by the two heirs.

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Filed under: Intestacy and probate
Attorney answers 2


From your facts, unfortunately, it is unlikely you'll find a short or easy solution. Independent administration of an intestate estate in Texas can only be achieved when each of the heirs consents and agrees. This assumes that an heirship determination (the actual judicial proceeding) has taken place, which you don't indicate in your inquiry. Based upon the history of the estate involving your brother, you've probably got a pretty good feeling that he (or perhaps others) will not go along with it. If even one heir withholds consent, independent administration is off the table.

As for your brother's Bond, his surety is liable for damage caused to the estate, and not necessarily your costs incurred when seeking to remove him. In fact, in many cases, those costs (your brother's and perhaps even yours) are borne by the estate. Assuming that you request it, unless you're disqualified or otherwise found unsuitable, it would be improper for the Court to appoint a successor dependent administrator that falls under you in terms of priority to serve.

The sad fact is that you're going to need an attorney to help you resolve this. You'll find many capable ones through this site if you've not already contacted one.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.


Mr. Thomas is correct...all the heirs need to agree in order ot have an independent administration.