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 2019

    The Strong Firm represents borrower in $42.3 million HUD construction loan for multifamily real estate development in Walton County, Florida.

    Read More
  • Spring 2019

    The Strong Firm acts as legal counsel for borrower in $32.1 million HUD construction loan for multifamily real estate development in Conroe, Texas.

    Read More
  • Spring 2019

    The Strong Firm aids borrower in $31.7 million HUD construction loan for multifamily real estate development in Nueces County, Texas.

    Read More
  • Spring 2019

    The Strong Firm represents borrower in the refinancing of a $3.57 million commercial mortgage-backed security for a commercial office facility in Montgomery County, Texas.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2019 Award

Recent Blog Posts

Wait… Lawyers Do That?

Since the founding of the Strong Firm P.C. in 2004, we have prided ourselves on not only providing excellent legal services, but also playing a large role in our community. Every year I have the opportunity to speak to area students from first grade through college grad students on legal-related
Read More
Wait… Lawyers Do That?

Part II – Probate: Identify the Most Efficient Probate Proceeding – Muniment of Title

Texas law provides several options to transfer ownership of a deceased person’s (usually called a “decedent”) property. We previously discussed the difference between a dependent and an independent administration. The dependent and independent administrations are used when the deceased person’s estate exceeds some minimal thresholds for size or complexity, such
Read More
Part II – Probate: Identify the Most Efficient Probate Proceeding – Muniment of Title

But You are My Attorney, not My Dentist…

Preventive maintenance for your entity from a legal perspective   “An ounce of prevention is worth a pound of cure.” 'De Legibus' (c. 1240) by English Jurist Henry De Bracton   Potential Client:       “I have owned a limited liability company for several years. I haven’t had any issues, but someone is interested in investing
Read More
But You are My Attorney, not My Dentist…

Don’t Fall for This Chinese Trademark Scam

Don’t Fall for This Chinese Trademark Scam A trademark is any word, name or symbol used to identify and distinguish goods and services. For business owners, trademarks provide an easy way to build customer loyalty and communicate the quality and source of goods and services. Businesses often spend a great deal
Read More
Don’t Fall for This Chinese Trademark Scam
  • 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.

Pay Retainer Online

Use our easy-to-use and secure online payment feature.
We accept all major credit cards.

Pay Your Retainer

Contact us

Quick Contact Form