What are the mechanics of the different types of administrations used by the Texas Probate process?

Question:  I was named an executor for the will of a family member who has passed away. In beginning to figure out what I should do, I’ve been approached by family members who insist on using different administration methods. What are the mechanics of the different types of administrations used by the Texas Probate process?

Response: A Texas probate proceeding is overseen by a probate judge. The degree of supervision the judge exercises in each case depends on several factors. Texas probate courts use processes known as “dependent” and “independent” administration.

Under dependent administration, all process is subject to a Texas probate judge’s approval. Typically, the probate judge will appoint an Administrator who will submit periodic reports to the court and will seek the judge’s approval before taking any action. The greatest negative of this process is the substantial cost in probate administration because of the necessity of writing reports and seeking judicial approval, depending on the size of the estate. The primary goal of dependent administration is to protect the beneficiaries ( those who will receive the assets). However, as a consequences, it often uses up much of the estate in administrative costs that would have gone to the beneficiaries.

Independent administration is an administration of an estate independent of the probate judge. In this case, the court appoints an Administrator to inventory all assets and list people who owe money to the estate. After the inventory is filed, the administration of the estate continues with no need for a judge approval. More than 80% of the estates probated in Texas are independently administered.

Answered by Bert Gonzalez

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