After a person dies, their loved ones must usually manage their final affairs through estate administration in probate court. Naturally, people often look for ways to make the process less burdensome. One possibility is to seek independent administration, which requires everyone entitled to receive something from the estate’s consent and allows the estate’s representative to act without court approval.
If you contact Robbins Estate Law, we can help you negotiate consent for independent administration. Based on our years of experience, we can provide honest details about how much independent administration could save everyone in cost and time. Regardless, Robbins Estate Law can guide you through the dependent or independent administration process.
What Is Estate Administration?
Estate administration encompasses paying off debts a decedent (deceased person) owed at death and distributing their remaining assets to new owners. In addition to whether administration is independent, the process varies based on whether the decedent had a will. The estate of a decedent with a will (a testator) goes through testate administration, while the estate of a decedent without a will goes through intestate administration.
Administration Basics
At the core, estate administration involves many of the same steps:
- Open estate in a probate court;
- Appoint a personal representative;
- Identify interested parties;
- Notify interested parties about administration;
- Inventory assets and liabilities;
- Respond to creditor claims;
- Distribute assets; and
- Close estate.
If the decedent left a will, the process also includes probating it—determining whether it is valid. Interested parties include people or entities that would be entitled to take ownership of some estate property if:
- A current will is valid,
- A previous will is valid, or
- No valid will exists.
Creditors and anyone with a property right related to the estate also count.
Testate Administration
Many wills name an executor. After the decedent’s death, the executor or another interested person should bring the will to court.
Generally, the court appoints the named executor as the representative. However, if the named executor cannot or will not serve, the court may appoint an administrator as a personal representative.
The representative probates the will. During probate, interested parties may challenge the will. If the court concludes it is valid, the administration proceeds according to its terms. If the court concludes it is invalid, the estate proceeds through intestate administration.
Intestate Administration
If the decedent left no valid will, assets pass to their heirs through intestate administration. Someone, typically a surviving spouse or another interested person, must request an appointment as the estate’s personal representative (administrator).
The following relatives, if they survive the decedent, may be legal heirs:
- Spouse,
- Children and other descendants,
- Parents,
- Siblings and their descendants, and
- Grandparents and their descendants.
You may need to complete a proceeding to declare heirship.
Independent Administration in Texas
You can request independent administration regardless of whether the decedent died testate or intestate. Under the Texas Estates Code, independent administration involves much less oversight, and the court takes a hands-off approach.
When Is Independent Administration Allowed?
You can request independent administration when:
- The will requests it,
- The will does not forbid it, or
- All distributees consent.
Usually, if all distributees consent to independent administration, the court approves of it unless it has concerns that independent administration is not in the estate’s best interests.
How Does Independent Administration Work?
To pursue independent administration, identify distributees from among interested parties—those people who are actually, not just potentially, entitled to a share of the estate. You may need court approval through a proceeding to declare heirship or probate the will.
The distributees should sign and submit an application to the court, which should:
- State that the distributees agree to independent administration;
- Designate an agreed-upon independent representative; and
- Request that the administration proceed outside of court.
Special requirements may apply if any distributees are minors or incapacitated adults or the will creates a trust or life estate.
After the appointment, independent representatives may still need to provide the court with an inventory and appraisement of estate assets and a list of claims due from or owed to the estate. However, they may file an affidavit instead if they first distribute all assets and settle all unsecured debts. Otherwise, the independent representative may respond to creditors and distribute assets without court approval.
Dependent Administration in Texas
Under the Texas Estates Code, dependent administration requires the representative to get court approval for most decisions they make, such as:
- Settlement of claims against the estate,
- Sales of estate property,
- Tax filings, and
- Asset distribution.
Although sometimes necessary, this regular interaction with the court frequently means that administration takes significantly more time and money.
Pursuing Dependent or Independent Administration
The biggest difference between independent and dependent administration is that dependent administration is court-supervised, while independent administration is conducted independently of any court supervision. Independent administration generally saves everyone time, lowers costs, and allows the representative more flexibility.
Contact us to help identify distributees, negotiate for consent to independent administration, and navigate the administration process, even if it is dependent.
Kyle Robbins
Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.
Rate this Post
Loading...