The Purpose of the Temporary Administration in Texas Probate
The Temporary Administration:
The Temporary Administration is a valuable probate tool in Texas available when someone passes away, and the estate requires immediate attention. These types of instances could include preserving a time-sensitive legal claim for the estate, needing to feed the animals on a ranch or farm, protecting the estate from whom you believe to be the wrong executor, or other time-sensitive matters that need to be taken care of for the protection of the estate. Ordinarily, nothing could be done with the estate until the executor starts their job or is appointed. However, by reaching out to a probate attorney, you can help protect the estate of your friend or loved one by seeing if this probate tool is right for you.
How the Temporary Administrator is Appointed:
The first step in these situations is to contact a probate attorney. Probate issues can be complicated and require careful consideration of all issues presented. Your attorney will then gather all the relevant information regarding the situation and file a motion to appoint a temporary administration with the probate court. Attached to the motion will also be an affidavit listing amongst other things:
- The relevant facts and info regarding the situation and why it qualifies.
- The requested powers and duties for the Temporary Administrator.
- The property that belongs to the estate.
The next step is that all heirs and interested parties will have to be notified and will be given the opportunity, if they want it, to request a hearing to contest the appointment. After this hearing, the Probate Judge would have decided the length of the Temporary Administration (not exceeding 180 days), the powers and duties of the administration, who the temporary administrator will be, and the bond amount the temporary administrator will have to post. All of this should be presented plainly in the court order. Then, your attorney will be able to make sure the correct temporary administrator is able to take control of the estate for their ordered purpose.
Duties of the Temporary Administrator & Closing out the Administration:
Whoever is appointed the Temporary Administrator will be responsible for the estate during the time of appointment and work with the court like an executor to pay claims, sell property, or other duties defined in the court order. An executor is generally a person picked or appointed to manage the estate after death to the decedent's wishes. In this case, however, the temporary administrator only takes control for a limited time. When done with managing the estate within the discretion of the court order, the Temporary Administrator will have to close out the estate much like an executor would. This includes providing a detailed exhibit list the administrator kept and created during their tenure of every action they took. This provides accountability to ensure the best interest of the estate is always the foremost priority.
Want to get started?
If your friend or loved one has recently passed and there are pressing matters regarding the estate, the Temporary Administration could be suitable for this situation. To get started, call Evan Lange, PLLC today at (713) 909-4558.