Probate, Estate Administration
and Alternatives to Probate in Texas
Dependent Administration
In a dependent administration, the executor or administrator of an estate must
have permission from the court before exercising most of the powers conferred
on him by the court.
Independent Administration
In an independent administration, the executor or administrator of an
estate carries out his duties and responsibilities to the estate independently
from control by the court for the most part, except for filing the required
Inventory, Appraisement & List of Claims.
Probate of Will as a Muniment of Title
If there are no debts against an estate that are not secured by liens
upon real estate, this type of probate is usually a viable and less
expensive alternative to estate administration.
Small Estate Affidavit
This alternative is generally available to small estates, with some exceptions,
when a person dies without leaving a Will.
Affidavit of Heirship
In this document, a deceased person’s family history is recited
for the purpose of identifying his heirs. This document is often used
with respect to real estate transactions.
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