An independent administrator, also known as an estate executor, plays a critical role in the administration of an estate. They ensure that the wishes of the deceased are met and that all loose ends are tied up, including settling the estate’s debt and paying taxes, managing the estate's property, and distributing the remaining estate to beneficiaries.

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Who Can Be An Independent Administrator

The Duties Of An Independent Administrator

Usually, close family members of the deceased, such as a spouse or an adult child, are named as independent administrators/executors.

The administrator is usually specified in the will of the deceased, but they can also be someone appointed by the court or someone agreed upon by the beneficiaries.

There are a few exceptions. These people can not be independent administrators:

• Felons
• Incapacitated people
• People found unsuitable by the court
• A non-resident of the state of Texas
• People under 18 years of age
• People who have a conflict of interest

An independent administrator has specific duties that they must fulfill in accordance with the Texas estate codes in order to properly settle the estate of the deceased.

Locate The Will And Submit It To The Relevant Court

The will of the deceased must be obtained and submitted to the relevant court (in this case, the probate court of the county where the deceased lived at the time of their death).

If the court decides that the estate must be probated, then they will also grant the administrator official authority to carry out their duties by issuing letters of testamentary.

Contact Any Potential Heirs And Beneficiaries

Once an estate administrator has been appointed by the court and has received the letters of testamentary, they are to contact any potential heirs and beneficiaries and send out notifications of death. The estate administrator must then file a proof of notice with the relevant court.

Create An Inventory Of Assets

The estate executor must create an inventory of all assets belonging to the estate. This catalog must also list the values of the assets at the time of death of the deceased. There is a 90-day time limit for the preparation of this inventory.

It’s important to point out that smaller estates can benefit from skipping probate by having the administrator apply for a small estate affidavit. This exception applies to estates consisting of real property worth less than $75,000.

Locate Any Creditors And Ensure They Get Paid

A general public notice of death has to be published within one month of the appointment of an independent administrator, so that any potential creditors can make a claim to the estate.

The administrator must also send a direct notice to all secured creditors. This must be done within two months of the appointment.

The independent administrator can send unsecured creditors a ‘permissive' notice stating that their claim must be presented within 4 months after the date of receipt. This helps settle the estate matters faster, as otherwise, unsecured creditors have up to 6 years to file their claims.

Maintaining And Caring For Property During The Probate Process

As an independent executor, you have a duty to the estate to act in its best interest.

That includes taking care of any property during the probate process.

You must protect it from theft or damage. You are not allowed to hide, mismanage, or use the assets of the estate for your own benefit.

Paying Any State and Federal Taxes, Including The Deceased's Final Tax Return

As the independent executor, you need to file an individual income tax return for the deceased. If the estate generates any income during the probate period, you must report this income to the IRS.

Taxation is a complicated matter, and it is advisable to always consult an expert. ClearEstate can help you navigate this process.

Distributing Assets To Beneficiaries

Once taxation, creditor matters, and debts have been settled, the administrator may distribute the assets to beneficiaries as detailed by the will or by court order.

All of this may seem like a lot to deal with when coming to terms with the loss of a loved one. Seeking the services of professional estate executors like ClearEstate will help you navigate the complicated estate settling process during a difficult time. Get in touch for a free consultation and find out how we can help.