Estate Planning & Probate Specialists

Estate Planning & Probate Specialists

  1. Home
  2.  → 
  3. Probate Litigation
  4.  → Different probate options available in Texas

Different probate options available in Texas

Dealing with a family member’s death in Texas is naturally stressful, but simultaneously dealing with the complex legal process involving his or her assets can make the experience even more overwhelming. This is especially the case if the person left behind a large number of assets or had high-value assets. If you are a will executor or wish to become an estate’s administrator, a qualified attorney can guide you through the probate process.

There are different types of probate based on the amount of court supervision involved. One is known as dependent administration, which involves a high amount of court supervision. This means the administrator must have the permission of the court engage in nearly any type of transaction. This includes selling property and paying the debts on the estate.

Another type of probate is independent administration, which is the most frequently used type in Texas and is less costly since the administrator does not have to visit the court as often or post a bond. This probate type is known for being highly efficient. Also, like dependent administration, it works well if you are dealing with assets such as brokerage accounts and bank accounts.

The third type of probate is muniment of title and is an option specially offered in Texas. No administrator or executor is appointed. Instead, the court order will transfer title to the proper beneficiaries. This probate option is most appropriate when the only type of asset you are dealing with is real estate. A reputable attorney can help you to determine what probate option may be best for you, considering your unique circumstances.