In Texas, the Independent Administration form of probate is different from that of most of the other states in the Union. Texas has made this process much more simple that it is in most other courts. They have attempted to streamline the process to allow for a faster and less costly form of probate. Below is a brief overview of Independent Admin in Probate Court.
Executors can be appointed independent in two different ways.
- The deceased provided a will which states, specifically, that the executor appointed will work as an independent executor
- If the deceased did not have a will but the beneficiaries or heirs agree unanimously that the appointed executor should work as an independent administrator.
Using an independent administrator during the probate process is beneficial in several ways. Most importantly, the administrator does not have to apply to the court for approval of all of the actions he performs on behalf of the estate. An independent administrator is not required to post a bond, while a dependent administrator is. Finally, there are often additional attorney and court fees associated with a dependent administrator that may be avoided by working with an independent one.
In effect, an independent administrator will perform the same basic functions of any probate executor. They will collect the assets of the estate, liquidate them as needed to pay off remaining debt and divide the remaining assets among the heirs. If the deceased left no will, the independent executor will take several additional steps. This includes posting a public notice for potential creditors and completing an inventory for the court system.
As a rule, you have four years from the time of death to probate a will or request an executor be appointed. In very rare cases the court can make exceptions to this rule. It is advisable to request a probate as soon as possible after a death occurs whether or not the deceased left a will.
There are a few cases in which it is not advisable to request an independent administrator. Remember that the rules that govern how an executor repays creditors are different for dependent and independent administrators. If there are exceptionally large amounts of debts, it may be better to work with a dependent administrator.
While many courts prefer that executor be independent administrators, in some cases an executor may choose to be appointed dependent. This is especially true if the heirs are likely to fight or make matters more difficult. Because the dependent administrator must receive court approval for each action, they find there is built in protection against future arguments.
Determining which type of executor will work best for your particular situation is a personal choice. It is often advisable to work closely with a qualified probate attorney to ensure that the probate process goes as smoothly as possible. An independent administrator may be the ideal solution for your will.