A valid will does not always come with someone ready to carry it out. When the person named to serve cannot or will not — or the will names no one — Texas fills the gap with an administrator “with will annexed.” The will still controls who inherits; the court just supplies the person to administer it.
What It Means
An administration with will annexed (sometimes called administration “c.t.a.”) is a probate that follows the will’s instructions on who inherits, but is run by a court-appointed administrator instead of the executor named in the document. The administrator receives Letters of Administration with Will Annexed and settles the estate under the will’s terms.
When It Is Used
- The will names no executor
- The named executor has died or is disqualified
- The named executor renounces or declines to serve
- The named executor fails to qualify or present the will within the time the law allows
Who Gets Appointed
The court selects the administrator from those with priority to serve — typically the main beneficiary under the will, then other beneficiaries, then heirs. A person with priority can also decline in favor of another qualified person.
Independent or Dependent
Like other administrations, this one can be independent — with minimal court supervision — if the will authorizes independent administration or all the distributees agree. If not, it proceeds as a supervised dependent administration. Choosing the right track is one of the first decisions we help families make.
Frequently Asked Questions
What is an administration with will annexed?
It is a probate administration under a valid will where the court appoints an administrator, rather than an executor, because the will names none or the named executor cannot or will not serve.
When is an administrator with will annexed appointed?
When the will does not name an executor, or the named executor is dead, disqualified, renounces, or fails to qualify or present the will within the times the law allows.
Can this kind of administration be independent?
Yes. It can be independent if the will authorizes it or all of the distributees agree; otherwise it proceeds as a dependent administration.
Talk With a Texas Probate Attorney
Have a will but no one able to serve as executor? We can get the right person appointed. Call 713-955-6182 or contact The De Leon Law Firm to get started.