Texas Dependent Administrator General Information Form
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FAQ
Do Letters of Testamentary expire in Texas? Letters Testamentary do not come with an official expiration date. However, institutions and officials may require that the document be dated within the last 60 days before transferring any assets.
When someone dies without a Will in Texas, the default provision in the law requires that the estate be subject to a ?Dependent Probate Administration.? In this type of administration, the court-appointed administrator needs the court's supervision and authority to conduct any action in the probate process.
Can an administrator of an estate be a beneficiary? Yes. In fact, it's common for an administrator to be the beneficiary of an estate. For example, the administrator is often the deceased's next of kin, like a spouse or an adult child, who is also often a beneficiary.
Texas law provides that, when this happens, the Will is treated as if it did not exist, and the estate passes by intestate (without a Will) succession. This means that children by a prior marriage take the deceased spouse's one-half of any community property.
When someone dies without a Will in Texas, the default provision in the law requires that the estate be subject to a ?Dependent Probate Administration.? In this type of administration, the court-appointed administrator needs the court's supervision and authority to conduct any action in the probate process.
The difference is the way in which they have been appointed. An Executor is nominated within the Will of a deceased person. If there is no Will, an Administrator is appointed by a Court to manage or administer a decedent's estate.
What is a dependent administration? A dependent administrator means that the administrator of the estate is dependent upon the Court's supervision and authority to conduct any action in the probate process. This is ultimately a more costly and timely process.
Texas estates are settled in two ways. In a dependent administration, the executor or representative must get court approval for most actions and report regularly to the probate judge. In an independent administration, the executor/representative is given more authority and autonomy to carry out his or her duties.