Probate issues can be complicated and difficult to understand for many Texans. In an attempt to make them clearer, it is beneficial to know the three different types of probate administration. There are benefits and negatives to all three types. For those who are determining which type of probate is best for them, having a basic grasp of these alternatives is useful. The three options are dependent administration, independent administration, and muniment of title.
With dependent administration, there is significant supervision provided by the court. The administrator of the estate will require permission to move forward with any transaction no matter what it is. Common probate issues that lead to the selection of dependent administration are the following: conflict, issues with creditors, bond, and costs. Heirs and beneficiaries might be in dispute. Court involvement can oversee the process and avoid conflict. Creditors have certain rules they must follow when making a claim if there is a dependent administration limiting the liability of the estate. There will be a bond provided by the administrator. This hinges on the size of the estate and protects beneficiaries and creditors. Finally, the costs will be higher with every application made to the court, so this must be factored in beforehand.
Independent administration is the type of probate that is most often used. This is less costly that dependent administration and there will be less of a need to go to court. It is believed to be more efficient as any action happens faster and there is less court involvement because there is no need for court approval.
Muniment of title is only used in Texas. There will not be an executor or an administrator. The court will certify the will is the actual will of the decedent and will transfer the titles to the beneficiaries who were named in the document. This is usually best when real estate is the main asset of the estate. Other assets will often make it necessary for there to be the other forms of probate.
Regardless of whether there is an anticipated probate dispute, a court battle or any other probate issues, it is imperative to have legal help to understand and determine the best course of action for the process. Discussing the matter with an attorney who is experienced in probate litigation can help to decide which is the best choice depending on the individual circumstances.