Independent vs. Dependent Administration

Residents of Texas are fortunate that our probate system allows for “independent administrations,” meaning that a deceased individual’s estate may be handled by the estate’s personal representative free of court supervision. Remember that independent administrations are permissible when a decedent provided for such in his or her Will, or even if not, when the beneficiaries of the decedent’s estate all agree to an independent administration.

Many view dependent administrations (that is, court-supervised administrations) as something to be feared; the fact is, however, that often dependent administrations will be the ideal choice in probate.

Dependent administrations can be used in any type of probate situation, regardless of whether the decedent died with our without a Will, or whether he or she requested an independent administration in his or her Will. Although dependent administrations tend to be more burdensome and expensive than independent administrations, since virtually every action undertaken with regard to the estate requires court approval, they may be very beneficial in situations involving feuding family members, creditor dilemmas, or difficult estate property. Since each action undertaken by the personal representative must meet the approval of the court, the personal representative is often afforded much greater protection from estate heirs and creditors.

If the estate, for instance, has left numerous unsecured debts, or if it appears that the estate may become insolvent, a dependent administration is a procedure the beneficiaries should strongly consider. Again, the representative is often better protected when approving or denying estate debts when each action is overseen by the court. Or, for example, if the estate beneficiaries are hostile toward one another, the personal representative may choose to be more supervised (and thus insulated) in the administration of the estate.

The type of probate procedure that will best suit best your family upon the loss of a loved one will greatly depend on the dynamics of the beneficiaries as well as the assets and liabilities of the estate. For more information on Texas probate procedures, we invite you to call the Houston probate attorneys at Garg & Associates today.

We invite you to contact us for a consultation. Call Garg & Associates, PC at 281-362-2865 or complete our contact form.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.