GOAL: Determine which type of estate administration is required. There are four different types of estate administration processes in the state of Texas.
WHEN: 0 to 30 days after the funeral
DURATION: 2-3 weeks
Formal Independent Estate Administration
In Texas, independent administration of an estate can occur under two circumstances;
The first is when a decedent specifies in their will that the estate should be administered without the court's oversight.
The second scenario arises when a decedent dies without a will, and all beneficiaries agree on the appointment of an Independent Administrator. Independent administration is often faster and more cost-effective, as the Independent Administrator can perform their duties without needing court approval for each step of the process, saving time and money.
Unanimous Consent of Heirs
To proceed with an independent administration, all heirs of the decedent's estate must agree on this approach; otherwise, the court will only permit a dependent administration. The heirs must also reach a consensus on the nomination of an Independent Administrator.
As long as the heirs agree and consent, the estate can be managed through an independent administration with an Administrator chosen by the collective heirs. If an heir is a minor or an incapacitated person, consent can only be obtained from the Guardian of the Estate for that individual.
By opting for independent administration in Texas, the estate can be managed more efficiently, reducing both the time and costs associated with court involvement. This streamlined process can be beneficial for all parties involved, ensuring a smoother transition and distribution of assets.
Formal Dependent Estate Administration (more court supervision)
Dependent estate administration in Texas involves court supervision, contrasting with independent estate administration, which operates with minimal court oversight. This type of administration is typically seen when there is a surviving spouse and minor children, or when there is no named executor and disputes among beneficiaries arise, or when the decedent died without a will (intestate).
In a dependent estate administration, the Administrator is required to post a bond and obtain Court approval for all actions taken as the estate Administrator. The bond functions like an insurance policy, necessitating the payment of a premium to an insurance company to safeguard against mismanagement or misappropriation of assets by the Administrator. This process ensures that the estate is managed responsibly and in accordance with the law.
Moreover, the Administrator must provide annual inventory accounting every year within 60 days from their qualification date. This requirement ensures that the estate's assets are regularly tracked and accounted for throughout the administration process. Additionally, the Administrator must file an application to close, discharge, and release the bond once the estate administration is completed. This step signifies the conclusion of the Administrator's responsibilities and the official closure of the estate.
Lastly, the Administrator is obligated to file a final accounting report. This document details the financial transactions and distributions made during the estate administration process, providing a transparent record of the Administrator's actions. The combination of these steps and court supervision aims to ensure a fair and orderly administration of the estate, protecting the interests of all parties involved.
Small Estate Affidavit
A Small Estate Affidavit is a useful legal tool in specific situations where a decedent passes away without a will (intestate) and their total estate value is worth $75,000 or less, excluding homestead property and exempt property.
In these cases, there's no need for a formal administration or the appointment of an administrator. This simplified process applies only when the assets in the estate are worth more than the debts, not considering any mortgages or debts secured by exempt property as debts and not counting homestead and exempt property as assets.
The Small Estate Affidavit is applicable when the only real property owned by the decedent was their homestead property.
Muniment of Title
When the decedent died with a will (testate), had no unpaid debts except ones secured by liens on real estate
• Hearing to probate will and transfer title without the need of formal administration
• No executor/administrator appointed.