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​Types of probate in Texas

by Robert A. Ray

 

The easiest and least costly option to probate a will in Texas.

A court supervised administration of an estate. It is more costly.

When no administration is need for the estate, a muniment of title can be used.

Texas Probate Types

Three Most Common Types

1. Independent Administration.
2. Dependent Administration.
3. Muniment of Title.

Independent Administration

Texas has one of the easiest and least expensive probate compared to other states. When you have a will that properly names an independent executor, the only steps involving the court system are:

1. File the will for probate.
2. Go to a short hearing shortly after the will has been filed.
3. File an inventory and list of claims of the estate within 90 days of the hearing.

That's it! Only one short court hearing and you are done. From that point on, the independent executor can perform all of the task needed to gather all the property and transfer it to the beneficiaries.

Dependent Administration

If there is no will or if the will does not properly name an independent executor, then it is more difficult and more expensive for the parties. That's because:

1. You file the will for probate.
2. There is a hearing shortly thereafter where the judge will appoint a dependent administrator.
3. After the hearing, everything that the dependent administrator does requires that papers be filed in court asking the judge to permit whatever it is that the dependent administrator is asking to do, a hearing is set, and at the hearing, the judge signs an order permitting the administrator to do what he asked to do. Whew! So much time and expense.

It is best to avoid a dependent administration except where it is absolutely necessary. There are cases where there is no will or the will does not properly name an independent executor where you can ask the judge to appoint someone as an independent administrator. The independent administrator can then act like an independent executor with less cost and time involved. The judge may or may not do this based on any disputes about the estate.

Muniment of Title

A muniment of title is a quick way to transfer title to the beneficiaries where no administration is needed. There has to be a will and there can be no debts owed by the estate except a debt on real estate.

1. The will is filed for probate.
2. A hearing will be held shortly thereafter.
3. The judge will admit the will to probate as a muniment of title.

The order admitting the will to probate as a muniment of title can then be used as proof of ownership of the estate by the beneficiaries.

 

How i learned to stop worrying and love probate part 1

Learn how a will is probated in texas

What is probate in texas

How i learned to stop worrying and love probate part 2

Can you probate a will that has been revoked

Read about a muniment of title in texas

Robert Ray

Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Why Us?

Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.

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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.