Texas Estates Code Application For Independent Administration
Description
How to fill out Texas Executor's Deed - Estate To Five Beneficiaries?
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FAQ
Becoming an administrator of an estate in Texas involves filing a petition with the probate court. You must show your eligibility, often based on your relationship to the deceased. Following the Texas estates code application for independent administration can simplify this process and clarify your responsibilities as the administrator.
Sec. 402.002. INDEPENDENT EXECUTORS MAY ACT WITHOUT COURT APPROVAL. Unless this title specifically provides otherwise, any action that a personal representative subject to court supervision may take with or without a court order may be taken by an independent executor without a court order.
Qualifications of an Independent Executor or Administrator There are no particular educational qualifications or certifications required to serve as an Independent Executor or Administrator of an estate. However, the following persons are disqualified from serving: An incapacitated person. A convicted felon.
Application for Independent Administration The Application will include, among other things, the decedent's identity, domicile, and date of death, along with a list of all known heirs and the relationship of each heir to the decedent.
An independent administrator is not closely supervised by the court and does not need preapproval for transactions such as selling property. With this freedom comes a high level of responsibility. It is very important to work closely with an attorney to avoid costly mistakes or breach of fiduciary duty.
Reduced court supervision: In an independent administration, the personal representative appointed to administer the estate is not supervised by the probate court, which means there is less court involvement and oversight. This can make the probate process faster, simpler, and less expensive.