Settling an estate after a loved one’s death can be challenging. The process can differ depending on how much court involvement is required. In Texas, there are two main types of estate administration—independent and dependent—and each type has different court approval requirements.
Independent vs. Dependent Administrations
In Texas, independent administration is the preferred option for handling estates. This type of administration requires little court involvement, allowing the administrator the freedom to take actions without needing permission for each decision. In most cases, if the will names someone as an independent executor, that person can handle a majority of the estate’s affairs, like selling property or distributing assets, without needing approval from the court.
Dependent administration, on the other hand, is much more restrictive. An estate may require a dependent administration if there is no will, if the will requires it, or if family members disagree about whether to allow an independent administration. In a dependent administration, the administrator must seek court approval for nearly every action, from selling property to managing assets. This process can become lengthy and expensive and will involve additional filings since the court must review and approve each step.
Situations When You Need the Court’s Approval
In a dependent administration, each action requires court approval. For instance, if an administrator wants to sell real estate, they must follow a specific process to gain permission. First, they may need to submit evaluations from multiple realtors or hire an appraiser. After presenting this information to the court, the administrator must request approval to sell the property at a specific amount and under certain terms. Once the sale goes through, the administrator will return to the court with documentation showing the final sale terms.
Other assets, such as vehicles or valuable personal items, require court permission before selling or distributing them. If the estate includes titled property, like a house or car, approval is needed to ensure the transfer is legal and in the best interest of all beneficiaries. For smaller personal property items, the administrator may need permission to hire an estate sale company and then report the outcome of the sale to the court.
Additional approvals and notifications are often necessary when family disagreements or minors are involved. Heirs or beneficiaries are often given notice of major actions in the estate. If someone objects, they have the right to raise concerns in court. In some situations, estranged or conflicted family members may use this process to voice complaints, which can slow down the administration.
Speak with Experienced Legal Counsel about Estate Actions
Handling an estate can involve a wide range of legal responsibilities and requirements. Whether you are navigating an independent or dependent administration, consulting with a professional who can guide you through the process efficiently is beneficial. Contact us to schedule a consultation, and together, we’ll find ways of making estate administration easier for you and your loved ones.
Law Offices of Debbie J. Cunningham
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