Although there are different probate methods, dependent probate is Texas’s default way of administering estates. This allows courts to supervise the entire process of administration.
Nevertheless, many wonder if they can have the court agree to an independent probate instead. With this method, an estate’s administration will be, for the most part, free from court supervision, making it generally less costly and more efficient.
Fortunately, there are indeed circumstances when courts allow for an independent probate administration.
As provided in the decedent’s will
Under Texas laws, testators can include a clause in their wills allowing for an independent administration of their estates upon their passing. Without this express written intention, their executors have to administer their estates under the court’s supervision. However, this rule is not absolute.
As agreed upon by the heirs
If the decedent did not leave any provision providing for an independent administration of their estate, this probate method is still possible if all the heirs agree to it. For the agreement to hold, there must be a written waiver filed with the court. This also applies to cases wherein the deceased died intestate, or without a will.
However, such an agreement is still subject to the court’s review. If the court finds that independent probate is not in the estate’s best interests, then it can deny the request and proceed with another method.
Mindfully navigating probate
Probate involves several puzzling legal jargon and processes. Understandably, many lose their way during the process. Fortunately, there is always someone available to help. A probate advocate can help you find clarity and understand your options in making an informed decision