Order of No Administration

One of the many ancillary probate procedures allowed by the state of Texas is called an Order of No Administration. As mentioned in our various discussions relating to processes such as Small Estate Affidavits, Affidavits of Heirship, and Informal Family Agreements, it is important for the family of a decedent to understand that a full, formal administration of the deceased’s estate may not be necessary or feasible in all circumstances. A personal representative need not be appointed and the estate administered in all situations. One alternative to a traditional probate proceeding to discuss with your attorney is the availability and propriety of the Order of No Administration.

A surviving spouse or minor child of the decedent may file an application for Order of No Administration if it appears that the value of the estate (excluding the homestead and exempt property) will not exceed the amount which they would be entitled to receive under the family allowance. (For more information on Exempt Property or the Family Allowance, please see these respective sections of our website.) The spouse or child of the deceased may file such an application whether or not the deceased left behind a valid Last Will and Testament.

As is intuitive, since the Order of No Administration is allowable when the nonexempt estate assets will not exceed the family allowance amount, the application for the Order must include a request for a family allowance. Remember that the family allowance is an amount necessary to maintain the surviving spouse and minor children of the deceased for one year from the date of death.

As long as the court is satisfied that the funeral fees and expenses of last illness and the expenses of the Application for Order of No Administration have been paid or secured, and is satisfied that all of the contents of the application are true, it will likely issue the Order.

Specific information is required to be included in the Application for Order of No Administration, and the procedure itself may not be ideal in all cases. It is also very important to fully understand the differences between the Order of No Administration and the Small Estate Affidavit procedure. For more information on the Order of No Administration and/or other ancillary probate procedures, please contact the qualified Houston probate attorneys at Garg & Associates for a consultation. We are available to discuss all of the probate options appropriate for your particular circumstances, including alternatives to a traditional probate if the situation warrants. Give us a call 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.