Search Site
Menu

Part I – Probate: Identify the most efficient probate proceeding

Probate is the process of applying to a court for authority to transfer a decedent’s property.  When the court stays involved throughout the administration of a probate (i.e. through the whole process) then the probate process is long, complex and expensive.  However, Texas has aggressively sought to create a number of more efficient (i.e. quicker and less expensive) ways to probate a decedent’s estate.  In the next few article we will discuss the various forms of probate and when they should be considered.  However, in this article we will focus on the two most common forms of probate the dependent vs. independent administration.

A dependent administration is the default administration if no other method is available to administer an estate.  Unfortunately, a dependent administration is generally regarded as the longest and most expensive probate process available.  A dependent administration requires the direct involvement of the court in each aspect of administering the estate, including paying estate debts, selling estate land, and approving the estate’s accounting tracking money in and out of the estate.  The court’s involvement in the process generally means that the court must approve estate actions.  Court approval may only be obtained by motion to the court and usually a hearing.  As a result, the process tends to be significantly longer and more expensive than other probate options.

For instance, an independent administration only requires the court to be involved in discrete portions of the probate process (e.g. in the initial hearing to establish the estate). Thereafter, the estate is largely administered independently of the court.  The result is a faster and less expensive probate process.  An independent administration is generally obtained either by asking for this faster cheaper form of probate in your will or by agreement of the heirs.

In addition to an independent administration, there are a number of other process to handle more simple estates, such as a muniment of title, a small estate affidavit, or even an heirship affidavit.  The different methods of transferring estate property each have specific requirements and boast different benefits and/or draw backs.  Therefore, it is important to meet you’re your attorney and discuss your goals in order to determine the most efficient administration that might be available.

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2021

    The Strong Firm prevails in dispositive motion regarding Texas economic loss rule resulting in dismissal of claims again party.

    Read More
  • Spring 2019

    The Strong Firm successfully forecloses first priority lien against multi-million dollar commercial asset.

    Read More
  • Spring 2021

    The Strong Firm secures writ of reentry after unlawful lockout of commercial tenant.

    Read More
  • Spring 2021

    The Strong Firm prevails in writ of mandamus proceeding involving denial of temporary restraining order to stop foreclosure sale.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2021 Award
  • Clio Client-Centered Certification

Recent Blog Posts

Happy Independence Day – We Are Open For Business

Happy Independence Day! We Are Most Certainly Open For Business! Independence Day invokes feelings of individual freedom and independence being the basis on which our great country was founded.  Over the course of the last 15 months, few things have been entirely certain.  Markets, along with the availability of workers,
Read More
Happy Independence Day – We Are Open For Business

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!   The evolution of the internet and rapid increase in access to information has changed the way we buy and sell homes. While real estate agents still serve a vital role in the process on both sides of the transaction, many buyers
Read More
Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL Texas law characterizes property acquired by spouses either community or separate property when property is acquired, and this characterization has tremendous consequences. w defines a spouse’s "separate property" as: (1) property owned or claimed by the spouse before marriage; (2) property acquired during
Read More
COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

Scams in Times of Disaster and Emergency

Scams in Times of Disaster and Emergency While Texans are generally prepared for major weather-related disasters during hurricane season from June through October, occasionally a rogue weather event, such as an artic blast, sweeps across the state causing severe and unanticipated property damage to residential and commercial properties. As individuals and
Read More
Scams in Times of Disaster and Emergency
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.
Contact us

Quick Contact Form