Bryan-College Station Probate Lawyer Explains Dependent Administration
Of the things Texas does differently with regard to estate administration is that it allows the administration of an estate to be either “independent” or “dependent.” Both types of estate administration have benefits and drawbacks. The type of administration that is best for your estate depends on what you want to happen with the estate. A Bryan-College Station probate lawyer can provide you with a detailed explanation of each type of administration, but this article provides some helpful basics to get you started.
Texas law defaults to dependent administration. This means that if someone dies without a will, fails to designate an administrator, or fails to designate the type of administrator they want in their will, a dependent administrator will be appointed.
The dependent administrator must obtain the court's approval for most of the actions he or she must take in order to complete the probate process. Examples of actions that require court approval include: (1) sales of real estate, cars, and personal property; and (2) payment of administration expenses, debts, and fees related to the probate process.
Dependent administrators must also post bonds that ensure they will perform their duties properly. Because the administrator is required to obtain court approval before most actions, the probate process typically takes longer to complete and is usually more expensive. One of the benefits of this is that it is more difficult for creditors to obtain payment from the estate. Creditors have to fill out more paperwork and go through more steps than when dealing with an independent administrator. A Bryan-College Station probate attorney can tell you more about the other benefits that a dependent administration offers.
For more detailed information pertaining to your specific probate needs, get the legal advice of a competent Bryan-College Station probate lawyer. Call the Peterson Law Group today at (979) 703-7014 to schedule an initial consultation or complete our online contact form.