In Texas, probate administrations are court-supervised procedures ensuring the orderly and lawful transfer of the decedent’s estate to their heirs and beneficiaries. When a valid will exists, the first step involves filing an application with the probate court to admit the will for probate. Until the will is admitted to probate it has no effect.
Once the will is admitted to probate, the court oversees the executor’s or personal representative’s responsibilities in settling the deceased person’s debts and distributing the remaining assets. This includes locating and inventorying estate assets, resolving outstanding liabilities, and ensuring that the distribution adheres to the provisions outlined in the will. Probate administrations may be either independent administrations or dependent administrations. When an administration is independent the personal representative is granted to act independently of the court. In independent administrations, typically the only required filings are notices to creditors, notices to beneficiaries, and the inventory. When an administration is dependent the personal representative is dependent on the court to take actions. The vast majority of administrations in Texas are independent administrations.
Probate administrations are required when there are frozen assets – such as bank accounts without rights of survivorship or designations of beneficiary, debts not secured by real property, or when there are issues that need to be resolved by a personal representative. While typically you want to avoid a probate administration, there are times when an administration is preferred. For example, when an estate has unsecured debt a personal representative may be able to bar certain creditor claims by sending a permissive notice under Texas Estates Code sections 403.051 and 308.054.
It is important to speak with an experienced probate attorney to determine what options best meet your specific needs. While probate administration in Texas is a complex and confusing process, our experienced attorneys strive to make the proceedings as smooth and efficient as possible for our clients. We understand the complexities involved in navigating the legal requirements and deadlines associated with probate, and we work diligently to protect our clients’ interests and ensure the fair and accurate distribution of the estate in accordance with the decedent’s wishes. Our commitment is to provide compassionate and knowledgeable legal representation, easing the burden on our clients as they navigate the complexities of traditional probate administration.