Whether an estate can be managed by an independent administrator depends to a large extent on if probate conflicts exist. Some estates are by their nature more suited to this sort of administration than others. Should an individual wish that his estate be handled through independent administration, a Texas probate attorney can work with him to develop a will that clearly indicates these wishes and outlines the way the estate is to be distributed.
The Value of Independent Administration
An independent administrator is granted authority to manage the estate without having to obtain permission from probate court on each issue. For instance, if the testator specifies that a property be sold, the independent administrator may proceed with the sale without having to defer to the court.
As your Texas probate attorney will tell you, independent administration can greatly simplify matters once the time comes for the estate to be distributed. It can also significantly reduce costs of managing the estate, since regular court appearances will not be necessary. It is worth noting that not all of an estate passes through probate court; certain assets, such as insurance policies and trusts, are excluded. As such, the use of an independent administrator greatly streamlines the management of the entire estate.
Establishing Independent Administration
There are two ways to set up independent administration. The easiest and best way is for the testator to include instructions in the will which specify that it is to be administered independently; obviously designating the administrator in the will is important as well.
If the will does not provide for an independent administrator the alternative is to apply to the court to name an individual. This can only be granted if all the direct heirs agree to the individual seeking the designation, as well as provisions for independent administration. A Texas probate attorney will help you present your case should you desire to take on this responsibility.
For Assistance with Probate Matters
If you need assistance with setting up a will that designates an independent administrator, or you have another probate law concern, a Texas probate attorney can help. Call Peterson Law Group to arrange a consultation with a dedicated and experienced attorney: 979-703-7014.