Texas probate is relatively simpler than other states. This is because of the “independent administration” of estates. Using this process, there’s very little court supervision. There are two different kinds of formal probate in Texas and some other transfer procedures as well.
Independent Administration of Estates
In Texas, most wills name the executor to pursue independent administration because it’s quicker, simpler, and more affordable than the alternative administration. Even if there’s no independent administration in the will, the executor (or administrator) can ask authority from the court to act as an independent executor if all beneficiaries agree.
Dependent Administration of Estates
Although it’s less common, executors can also request dependent administration, which provides more court supervision of the probate process.
Muniment of Title
The “muniment of title” process is a more inexpensive way of transferring estate assets when there’s a will. It can be used when there’s a valid will, there are no unpaid debts, and/or medicaid has no claim against the estate.
Small Estate Affidavits
In some circumstances, you do not need to open a probate court proceeding or use a muniment of title. This is only when there is no will and the total value of the probate estate is at most $50,000. The people who inherit property can plan a small affidavit (sworn statement) to obtain the property.
Small Estate Procedures
There’s a simplified small estate process for Texas executors. This process is for when the value of the property doesn’t exceed what’s needed to pay the family allowance.
You may be named executor of an estate, facing probate, or trying to avoid probate in the future by careful estate planning. We can help you avoid the difficulties of probate.
Our staff can help you.
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