In Texas, it is generally quite easy to enter into a probate arrangement. By simply filling out the appropriate documents and filing them with the court, the probate process will be under way. Next, an executor will be appointed and the estate will be opened. The process can be made even easier by working with a qualified probate attorney. One thing that many people do not consider is which type of probate they should enter into. Your attorney should be able to guide you to the appropriate choice: Independent Administration, Dependent Administration or Muniment of Title.
Muniment of Title:
This probate process is unique – it is only available in Texas. Muniment of Title is a much simpler and streamlined way to probate. Among other things, it does not require an executor or administer be appointed. It is also the only probate process that can be used if the deceased passed away more than four years ago.
Unfortunately, because it is unique to Texas, many probate attorneys do not fully understand the complexities of the law. For the most part, it is the ideal process to use for estates that are entirely comprised of real estate. Any estate that involves brokerage accounts or bank accounts should avoid the Muniment of Title because the attorneys for those entities are most likely from other states and not fully aware of the specifics of this type of probate. Finally, the Muniment of Title probate cannot be used if the deceased left no will.
Dependent Administration
Unless otherwise arranged, all probate cases in Texas default to Dependent Administration. This type of probate process requires the appointment of an executor or administrator. They will contact the court and receive permission to liquidate assets and pay off creditors. This is typically a simple matter of a written request with applicable payment attached.
It is more difficult for creditors to work with a Dependent Administration (as opposed to an Independent Administration). They must adhere to a strict code of procedure in order to be reimbursed for the debt they are owed.
Dependent Administrators are required to be bonded.
Independent Administration
As with the Muniment of Title, in Texas, an Independent Administration is different than any other state in the union. Simply put, an independent administrator can, for the most part, conduct the business of the estate without consent of the court. Unlike a Dependent Administration process, under this form of probate, many of the assets can be sold without consent. This is also true of much of the debt load carried by the estate.
It is important to note that an independent administrator is not required to be bonded, which can pose some risk to the estate if an unscrupulous administrator is appointed.
Creditors prefer to work with independent administrators. The laws governing the repayment of debts under this type of probate process are not as strident as the Dependent Administration probate laws.
It may be difficult to determine yourself which type of probate is applicable to your particular situation. Be sure to contact a qualified probate attorney in order to determine the correct course of action for your case.