Texas provides a simple method of going through probate, called “independent administration.” With independent administration, you can avoid court supervision of the probate process, which will save you time and money. If you are dealing with the estate of a loved one, we can help you find out if independent administration is an option that is available for you and if it is the best choice, given the specific circumstances. We can help you complete the necessary steps.
What is independent administration?
An independent administration of probate is simply a probate process that allows for the executor or administrator of the estate to function without oversight from the court. While there are still a couple of requirements, there is otherwise no other action in probate court aside from probating and recording the will.
So as long as the beneficiaries agree, independent administration can be used to administer and settle the affairs of an estate.
Typically, there is only one court hearing and, as mentioned previously, the filing of an inventory of the estate. Independent administration accounts for the overwhelming majority of probate cases in Texas.
What are the requirements of an independent administrator?
- Submit an inventory of the estate assets (with appraised value)
- List of claims of the estate
Independent administrators have broad authority to administer the estate. Moreover, transactions such as the selling of property or the distribution of assets can be done without requiring prior approval from the court.
Independent administrators can:
- Sell property (personal and real estate) to help settle debts of the estate
- Distribute assets to the beneficiaries
- Pay creditor’s claims
- Borrow money
The Fetty Firm, P.C. can help
While many independent administrators work without an attorney, seeking legal advice from an attorney can still be very beneficial. An attorney can provide additional guidance in how to complete the probate process by the book and not run afoul of any complications that could potentially disrupt the probate process.
In addition, we can also answer many questions about independent administration including:
- How to file letters testamentary
- Whether or not an independent administrator can be appointed without a will
- How an independent administrator can be removed
- When it may be a better idea to go through dependent administration instead
