Probate is the legal process in which a court of proper jurisdiction appoints
a person (administrator) to gather assets, pay debts, and distribute the remainder
of the estate of a person that has passed away (the decedent.)
Additionally, the administrator must determine the proper heirs of
the decedent, execute the wishes as determined in a Last Will and Testament
or work with the court to determine the proper heirs for distribution of assets
in compliance with the Texas Probate Code.
Should a will be filed with the probate court the appointed individual
will be named as Executor but if no will was provided to the court the appointed
person will be an Administrator.
Administration of an estate can be either dependent or independent.
A dependent administration requires the administrator or executor to
gain approval from the court to perform various transfers of ownership from
the estate. Often
the dependent administration requires that a bond be posted by the administrator
or executor. This
is a more costly process and is often discouraged.
An independent administration is far less cumbersome.
Authority is not required for transaction dealing with the assets of
the estate. The
court’s role is extremely limited to the initial hearing to admit the will
to probate and to gain Letters Testamentary, filing of an inventory, appraisal,
and list of claims, and for filing the request to close the estate.
All other transactions are free from court supervision.
