Letter of Administration

What is the name of your state (only U.S. law)? Texas

My mom recently passed away. Most large items, she transferred over before her death and the smaller things were divided evenly amongst her 3 children. On one bank account and one utility office did not have anyone listed to handle her account. I have found that these two entities will not deal with me regarding her account without a letter of administration. Do I need to hire an attorney to obtain this form?

This is not a form. It is a court issued document naming a person (s) to act in the capacity of administrator. The bank and utility are prudent in requiring proof and not dealing with you.

I can't answer if you need an attorney, but can tell you I am currently serving in that capacity. The administrator has the same duties as an executor, the difference being that the 1st is, again, court appointed, and the 2nd is court condoned via the will that named someone.

My experience showed an attorney is necessary, there are notarized oaths that the 3 children would take, a family history to determine IF the 3 children truly are next of kin, even if there are more children somewhere that maybe no one knew. That is the attorney ad litem's job, and he/she is appointed by the court to look out for those not present. We needed 2 non interested parties to then take an oath that the family history was correct. When legal next of kin is determined, then each of those persons must agree on the person pursuing being named administrator. A notice has to be published allowing creditors to submit, an estate account established, and an inventory provided to the court.

This only tells you an overview of what I am doing at this time serving as administrator. Actually I am an independent administrator which allows me to pay bills, invest the assets, sell the house, etc, etc without constantly going back to court to get approval.

While I am no fan of attorneys, I do think it's worth it in your case to have a consult and get the answers for your situation.

Probate in Texas can be accomplished quickly and relatively inexpensively with the aid of competent counsel.

Once the probate process is started, you will be issued the necessary authority, which will enable you to deal with the banks and utilities.

You don't mention if Mom left a will? That will determine if you are named executor (if there was a will) or administrator (if there was no will).

Tex -

Assuming there is no will and these are small accounts, what about a Small Estate Affidavit?

The small estate affidavit is certainly a good idea - I will just note that banks sometimes are resistant to accept it. But anteater is right to suggest it. OP, you might ask the bank manager if that would be acceptable.

A simple estate can generally be probated completely for less than $1,500, including filing fees ... it the small estate affidavit doesn't work, you can open up probate.