Form 26-9

[Caption. See § 3 of the Introduction in this manual.]

Application for Letters of Administration

[Name of mortgagee] (“Applicant”) makes this Application for Letters of Administration concerning the estate of [name of decedent] (“Decedent”) and furnishes the following informa­tion to the Court:

1.Applicant’s principal place of business is at [address]. Applicant is an interested party to the estate since Applicant is a creditor of the estate as the mortgagee of a note with an original principal balance of $[amount] executed by Decedent and made payable to [name of mortgagee] (the “Note”); the Note is described in a deed of trust dated [date] and recorded in [recording data] of the real property records of [county] County, Texas (the “Deed of Trust”). Applicant is the current lienholder of the property located at [address] (the “Property”). True and correct copies of the Note and Deed of Trust are attached hereto as Exhibits A and B, respectively, and made a part hereof.

2.Applicant does not have authority to serve as a fiduciary in this state and, therefore, Applicant requests that [name of attorney] (“Nominee”), a duly licensed attorney in the state of Texas, be named as dependent administrator of Decedent’s estate and be granted Letters of Administration. Nominee is not disqualified by law to serve as administrator of Decedent’s estate. Nominee is domiciled and resides in [county] County, Texas with a mailing address as follows:

Address: [address of attorney]

State Bar Number: [state bar number]

3.Section 304.001 of the Texas Estates Code provides the following priority of those persons qualified to serve as administrator:

a.person named as executor in the will;

b.surviving spouse;

c.principal devisee and legatee;

d.any devisee or legatee;

e.next of kin;

f.any creditor;

g.any person of good character residing in the county; and

h.any other person not disqualified by law to serve as administrator.

4.Decedent died on [date] in [county] County, Texas, while a resident of [county] County, Texas. A true and correct copy of the obituary is attached hereto as Exhibit C and is incorporated herein by reference.

5.To the best of Applicant’s knowledge, no will has been filed for probate in [county] County. Thus, items (a), (c) and (d) listed in paragraph 3. above are not applicable with respect to the order of persons qualified to serve as administrator of Decedent’s estate. To the best of Applicant’s knowledge, the following persons are heirs to the estate:

There has been no commencement of estate administration or heirship proceedings in [county] County, Texas. To the best of Applicant’s knowledge, no person of good character residing in [county] County has applied to serve as administrator of Decedent’s estate.

6.This Court has jurisdiction and venue because Decedent’s domicile and fixed place of residence was in [county] County, Texas on the date of death.

7.Decedent owned real property at the time of death described generally as a house and lot located at [address].

8.Except as specified above, the name, age, marital status, address, and relationship of each heir of Decedent is unknown to Applicant. 

9.To the best of Applicant’s knowledge, no children were born to or adopted by Dece­dent.

10.Applicant does not possess any knowledge as to whether Decedent had ever been married or divorced.

11.A necessity exists for the administration of the estate in that at least two debts are owed by the estate. Specifically, the estate owes mortgage debt, which is secured by the prop­erty listed above and on which Applicant holds a valid first lien Deed of Trust and Note. The estate may also owe property ad valorem taxes, which are now due on the above-described property.  Additionally, as a secured creditor of the estate, Applicant has a vested interest in ensuring that the property is well maintained and is not subject to vandalism and/or theft. Applicant has not been able to obtain the cooperation of the potential heirs, and there contin­ues to be an ongoing default on the mortgage. As of the date of this Application, the loan is currently due for the [date] payment, and the outstanding principal balance on the loan is $[amount] plus interest and late charges. According to the [source of valuation], the value of the property is $[amount].

12.No necessity exists for the appointment of appraisers at this time.

Applicant prays that citation issue as required by law to all persons interested in this estate; that Nominee be appointed dependent administrator of the estate; that Letters of Admin­istration be issued to Nominee; and that the Court enter all other such orders as it deems proper.

 

   
[Name]
Attorney for [name of creditor]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]