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Letters testamentary or letters of administration give the personal representative the legal authority to administer the decedent's probate estate. The letters provide proof of appointment and qualification of the personal representative of an estate and the date of qualification.
An independent administration is a non-court administration. After a person has applied for letters testamentary and been qualified as independent executor by the court, the executor files an inventory of the estate's assets and their appraised value, and a list of claims of the estate.
By far, the most popular method of probating an estate in Texas is the Independent Probate Administration. In this type of administration, the Court appoints the executor or administrator to work independently of the court's supervision.
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.
How Do I Obtain Letters Testamentary in Texas? In order to obtain Letters Testamentary in Texas, an eligible person must apply to the appropriate court, which is usually a statutory probate court. You must submit an Application and the Testator's original Will.
Unless limited by the terms of a will, an independent executor, in addition to any power of sale of estate property given in the will, and an independent administrator have the same power of sale for the same purposes as a personal representative has in a supervised administration, but without the requirement of court
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.
Letter of Testamentary, Administration or Guardianship - $2.00 each.