Probate of Will as a Muniment of Title Only (No Admin)

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CHARTING YOUR PATH | Proceedings in Probate Court

Court Created Independent Administration (Unsupervised Administration).

When used - This type of probate is used to admit the will to probate so as to give it legal effect and to appoint an administrator to administer the estate. This type of proceeding is used when the decedent left a will but no executor is named in the decedent's will, or in situations where each executor named in the will is: 1) deceased; 2) disqualified to serve as executor; 3) unable or unwilling to serve as executor; or 4) is not granted independent status. In this situation, all of the distributees of the decedent must agree on the advisability of having an independent administration and must agree on the person to serve as independent administrator.

Requirements - In order for the court to issue an Order Admitting Will to Probate and Authorizing Letters of Administration, the following requirements must be met:
1. The decedent must have left a valid will;
2. There must be a need for a formal administration;
3. All of the distributees of the decedent must agree on the advisability of having an independent administration and collectively designate in the application for probate, a qualified person to serve as independent administrator; and
4. The Court must find that it is in the best interest of the estate to grant an independent administration.

How to probate a will pursuant to a court-created independent administration - The original will and an Application to Probate Will and for Letters of Administration Pursuant to Section 401 of the Texas Estates Code are filed with the Court. If approved, the court will issue on Order Admitting Will to Probate and Authorizing Letters of Independent Administration.

Administration- There is an administration with this type of probate. The court appoints an executor and issues Letters Testamentary to the executor. The executor will then be charged with collecting the assets of the estate, paying the debts of the estate, and distributing the remaining assets to the distributees of the estate in accordance with the terms of the will. In an independent administration, the executor of the estate acts independently from the court. That is, the executor does not need the court's permission to pay bills or to sell or distribute the assets of the estate. After the hearing, the executor need only admit the will to probate, publish a notice to creditors in the local paper, and file an inventory of the estate's assets with the court.

CHARTING YOUR COURSE: Proceedings in Probate Court

Dependent Administration (Fixed Fees Never Available) (Supervised Administration).

When used - This type of probate is used to admit the will to probate so as to give it legal effect and to appoint an administrator. This type of proceeding is used when the decedent left a will but no executor is named in the decedent's Will, or in situations where each executor named in the will is: 1) deceased; 2) disqualified to serve as executor; 3) unable or unwilling to serve as executor; or 4) is not granted independent status. In this situation, all of the distributees of the decedent cannot or will not agree on the advisability of having an independent administration or the choice of administrator. This is often the case when the beneficiaries are hostile towards one another.

Requirements - In order for the court to issue an Order Admitting Will to Probate and Authorizing Letters of Administration, the following requirements must be met:
The decedent must have left a valid will; and
There must be a need for a formal administration.

How to probate a will pursuant a dependent administration - The original will and an Application to Probate Will and for Letters of Administration are filed with the Court. If approved, the court will issue on Order Admitting Will to Probate and Authorizing Letters of Administration.

Administration- There is an administration with this type of probate. The court appoints an administrator and issues Letters of Administration to the administrator. The Administrator will then be charged with collecting the assets of the estate, paying the debts of the estate, and distributing the remaining assets to the distributees of the estate in accordance with the terms of the Will. In a Dependent Administration, the court closely supervises the administration of the estate. Bills cannot be paid and assets cannot be sold or distributed without the approval of the court. Periodic accountings must also be prepared to advise the court of the status of the estate. The amount of attorney time in this type of proceeding is generally a function of the number of creditors of the estate, the amount and character of the assets in the estate, and the amount of contention amongst the distributees. Effective June 9, 2023, The Duran Firm's hourly rate for attorney's fees is $400 per hour. The Duran Firm's hourly rate for paralegal work is $100 per hour. Therefore, we advise this as a last resort and encourage families to settle their differences before pursuing this type of administration.

CHARTING THE COURSE : Proceedings in Probate

Independent Administration (Unsupervised Administration).

When used - This type of probate is used to admit the will to probate so as to give it legal effect and to appoint an executor to administer the estate. This type of proceeding is the most common type of probate where the decedent left a will.

Requirements - In order for the court to issue an Order Admitting Will to Probate and Authorizing Letters Testamentary, the following requirements must be met:
The decedent must have left a valid will;
There must be a need for a formal administration; and
The will must provide for independent administration by appointing a person to serve as "Independent Executor" or by providing that "no other action shall be had in the court in relation to the settlement of the estate than the probating and recording of the will, and the return of an inventory, appraisement, and list of claims of the estate."

How to probate a will and receive Letters Testamentary - The original will and an Application to Probate Will and for Letters Testamentary are filed with the Court. If approved, the court will issue an Order Admitting Will to Probate and Authorizing Letters Testamentary.

Administration- There is an administration with this type of probate. The court appoints an executor and issues Letters Testamentary to the executor. The executor will then be charged with collecting the assets of the estate, paying the debts of the estate, and distributing the remaining assets to the heirs of the estate in accordance with the terms of the will. In an independent administration, the executor of the estate acts independently from the court. That is, the executor does not need the court's permission to pay bills or to sell or distribute the assets of the estate. The executor need only admit the will to probate, notify the beneficiaries of the will of his or her appointment, publish a notice to creditors in the local paper, and file an inventory of the estate's assets with the court.