You do not always have to wait until probate officially ends to distribute estate assets. In Texas, an independent executor can make certain distributions during administration. However, the will, court orders and the type of property can affect what you can distribute and how you do it. Here is what you need to know before making an early distribution.
Independent executors have broader distribution powers
Texas gives an independent executor authority to distribute certain estate property without first obtaining a separate court order. Unless the will or a court order provides otherwise, an independent executor can distribute property in divided or undivided interests. They can even allocate specific assets among beneficiaries.
This is an important distinction because independent administration gives you more freedom to handle the estate without asking the probate court to approve every step.
The will can limit an early distribution
The will controls how you distribute property when it contains specific instructions that apply to the asset or the distribution. A court order can also limit what you can do.
That means you need to look at the actual language governing the property before assuming you can distribute it simply because you have authority as an independent executor.
Some property can be distributed before the estate closes
Texas law allows an independent executor to distribute property that is not specifically devised in several ways. This includes dividing interests or allocating particular assets among beneficiaries.
The law also requires an independent executor to obtain a signed receipt or other proof of delivery when distributing tangible or intangible personal property.
Review the distribution before you make it
Before making an early distribution, review the will, the type of administration and the specific asset involved. If you are unsure whether you have authority to distribute it, getting legal guidance before transferring the property can help you avoid having to undo the distribution later. A careful review can make the rest of the estate administration much easier.