Dallas Attorneys Assisting With The Administration Of A Texas Probate
Texas has two primary forms of probate administration. The two are known as a “dependent” administration or an “independent” administration. The processes are quite different and impose a distinct set of requirements on the estate’s personal administrator. The main distinction between these types of administration is the level of oversight which will be supplied by the Probate Court. Representatives need a good deal of guidance with the process regardless of which type of administration applies. This guidance helps a representative to meet the applicable requirements and avoid violating fiduciary duties. Our attorneys assist people throughout the greater Dallas area with each of these forms of administration by the Court. Call our lawyers or contact us online today to schedule an initial consultation.
Get In Touch
Texas attorneys assisting residents of the Dallas Metroplex area with both the independent and dependent administrations of probate
If an estate is subject to dependent administration, the entire probate process will be supervised by the Court. The Probate Court will exert a much greater level of scrutiny than it would in an independent administration. The administrator or executor will be required to seek the Court’s permission before taking the majority of actions which will be connected to the resolution of the estate. This includes permission for the sale of assets, the payment of debts, and entering into or terminating contracts. It also may require the personal representative to be bonded, use third-party appraisers to value assets, file regular financial accounting reports with the Court, and more. Such requirements can take a significant amount of time and effort on the part of the administrator and result in a lengthy probate process.
While dependent administration is the default rule in Texas probates, it is often possible to handle the estate through independent administration. In contrast to dependent administration, the executor can take actions to resolve the estate independent of Court oversight. With significantly more freedom and far fewer legal requirements, an estate can often be resolved in less time and with less expense. The reduced scrutiny may, however, put an executor at risk of inadvertently breaching their fiduciary duties. Working with an attorney can help a representative avoid such problems. Given the potential benefits of speed, reduced costs, and less scrutiny, independent administration is often more attractive than dependent administration. Texas residents who create a valid will with a named executor can often opt for independent administration. In addition, if a dependent administration would otherwise be required, the beneficiaries or heirs can agree to an independent administration. This will result in the probate being completed sooner and at a much lower expense.
Our Dallas attorneys assist people with both dependent and independent probate administrations. Once retained we will work with the executor or administrator to ensure that the Court’s requirements are being followed. If feasible, we will file the necessary agreements to have the administration be independent so that a larger percentage of the estate can go to where it rightfully belongs – to the heirs. We make probate our business so you can focus on the more important business of assisting your family. Our lawyers service the greater DFW area including Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center, Texas. Contact us online or by telephone to schedule an initial consultation.
Related Matters
Dallas lawyers providing personal attention in all probate matters
We understand that this is a stressful time for the loved ones of the deceased. Our attorneys take a team-based approach to solving our client’s problems. This teamwork helps ensure that no stone goes unturned and that the Court’s requirements are met without any unnecessary complication. We strive to promptly respond to all telephone calls and emails and will stay in regular contact with you throughout the process. We understand that serving as the executor or administrator of an estate is a huge responsibility. You have a legal duty to others as well as a moral obligation. Our goal is to guide you through the process with as little inconvenience as possible so that you can get on with your life. Contact our Dallas lawyers today for assistance with a Texas probate matter.