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Independent vs. dependent probate administration in Texas

Perhaps you are leery of having your Texas estate go through probate after your death. At Doehring & Doehring Attorneys at Law, we understand the nuances of probate, and often advise our clients of their options for minimizing the time and expense of this process.

Texas offers two different ways for an estate to go through probate. The court takes an active role in overseeing the process during dependent administration. If you believe one of your heirs may challenge the will, or you have some complex instructions, having that supervision is advisable. 

On the other hand, dependent administration can be time-consuming, and it may take more of the proceeds of your estate to cover its costs. If your will is straightforward and you anticipate no problems, you may want to opt for independent administration. The court is still involved, but the Texas statute states that it only takes these actions:

  • Validating the will
  • Recording the will
  • Returning your estate's list of claims, inventory and appraisement

If you want independent administration of your estate, you should include this wish in your will. However, even if you do not, if your beneficiaries all agree, your estate can still go through this simplified process. So, if you prefer the court oversight of dependent administration, then you should state that clearly in your will. Beneficiaries can sign an agreement to have your estate go through independent administration even if you do not have a will.

For more information about estate planning and probate options, please visit our webpage.

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Doehring & Doehring Attorneys at Law
2000 S. Dairy Ashford Street, Suite 298
Houston, TX 77077

Phone: 866-456-2361
Fax: 281-497-8630
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