Probate - Administration

Too often individuals fail to plan and pass without any type of will or trust to designate how they want to distribute their assets at death. Thus, we have to look to Texas law to determine who the heirs or other beneficiaries will be, who has the right to handle the affairs of the estate and who to has the right to liquidate and distribute the assets of the estate. In these situations an Administration, rather than a probate, has to be opened in the probate court. The purpose of the administration is to have the court order how the estate will be handled and by whom. The Court in these cases also must determine if the administration will be an Independent Administration, free of court supervision, or a Dependent Administration, which will have to be overseen by the court. Many factors go into this determination, not the least of which is whether all the heirs of the deceased individual have been identified for the court and whether the person seeking to administer the estate is an heir. Most often a Determine of Heirship must be filed along with the Administration application.