Law Office of
Dale A. Burrows, P.C.

Texas Probate: Independent v. Dependent Administration

A very common preconceived notion about the probate process is that it is confusing, expensive, and lengthy. It is true that in many U.S. states, these descriptors can be quite accurate. Fortunately, in Texas, we are provided a relatively streamlined probate process, with probate legal proceedings often requiring minimal court fees and administrative delays. What many may not know is that the Texas probate system is not a one-size-fits-all endeavor; our state provides many options and alternatives to resolving a decedent’s affairs. Choosing the option that will best suit a family’s needs is a selection to be thoughtfully made with the assistance of an experienced probate attorney.

One of the most beneficial characteristics of the Texas probate system is that it allows for the independent administration of an estate. An “independent” administration refers to a personal representative’s (“executor” (if the deceased left a Will) or “administrator” (if the deceased left no Will)) ability to handle the estate free from court supervision. This simply means that an administrator may act independently of court control. Although there are certain administrative requirements of all personal representatives, one who serves independently is afforded great latitude in handling the decedent’s affairs without the need to consistently seek the court’s approval for each action taken. Independent administrations are permissible when a decedent provided for such in his or her Will, or even if not, when the beneficiaries of the decedent’s estate all agree to an independent administration.

On the other hand, because of the ease of independent administration, many people believe that a dependent administration (that is, a court-supervised administration) should be avoided; the fact is, however, that often a dependent administration will be ideal or necessary. A dependent administration is an option regardless of whether the decedent died with our without a Will, or whether he or she requested an independent administration in his or her Will. Although dependent administrations tend to be more administratively burdensome than independent administrations since virtually every action undertaken with regard to the estate requires court approval, they may be very beneficial in situations involving feuding family members, creditor dilemmas, or difficult estate property. Since each action undertaken by the personal representative must meet the approval of the court, the personal representative is often afforded much greater protection from estate heirs and creditors. If the estate, for instance, has left numerous unsecured debts, or if it appears that the estate may become insolvent, a dependent administration is a procedure the beneficiaries should strongly consider. Again, the representative is often better protected when approving or denying estate debts when each action is overseen by the court. Further, if the estate beneficiaries are hostile toward one another, the personal representative may choose to be more supervised (and thus insulated) in the administration of the estate. The type of probate procedure that will best suit your family upon the loss of a loved one will greatly depend on the dynamics of the beneficiaries as well as the assets and liabilities of the estate. Choosing what type of administration to open–whether independent, dependent, or an altogether ancillary procedure–is a decision which should be carefully considered with the assistance of a Texas probate attorney at the Law Office of Dale A. Burrows, PC.