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Texas probate has two kinds of probate – independent administration and dependent administration. Most estates go through an independent administration and could be detrimental when it’s clear a dependent administration is necessary. There are many ways that properties and assets may be transferred to another person once an estate owner has died.
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This kind of probate doesn’t need as much court supervision, is quicker and costs less than other probate types. Suppose a person dies without living behind a Will. In that case, the estate administrator can make a request for an independent administration, but only if all heirs agree, there are no minor heirs to consider, and it’s a solvent estate.
While not as common as an independent administration, it may be necessary if a person dies with no Will and heirs cannot agree on an independent administration.
This type of probate may be necessary if there is a dispute over a Will or when minor heirs are involved. However, it’s also necessary when it’s an insolvent estate. With this kind of probate, there is an increase in court supervision to address the factors involving the estate – asset distribution, paying debts, selling property, etc.
Dependent administration means the constant visit to the courthouse for anything. In cases of an independent administration, there is a single hearing where people take the Oath in court with everything else addressed outside of it.