Independent Administration of Estates

The Independent Administration of Estates is a process in probate law that allows the executor or administrator of a deceased person’s estate to manage and distribute the estate’s assets without requiring continuous court supervision. This approach is often preferred for its efficiency and flexibility compared to dependent administration, where the court maintains oversight over the estate’s activities.

Independent administration is available in most jurisdictions, including Texas, where it is governed by specific provisions in the Texas Estates Code. To utilize this method, the deceased must have either designated an independent executor in their will or the interested parties must agree to the independent administration process.

In practice, once an independent executor is appointed by the court, they have the authority to make decisions regarding the estate, such as paying debts, selling property, and distributing assets to beneficiaries, without needing to seek prior approval from the court for each action. This autonomy helps expedite the probate process and reduce associated legal costs. However, the independent executor is still required to file an inventory of the estate’s assets and provide an accounting to the court, ensuring accountability.

For example, if a person passes away in Houston and their will names an independent executor, that executor can manage the estate without needing to go to court for every transaction, such as selling real estate or liquidating investments. This can significantly shorten the timeline for settling the estate and distributing assets to heirs.

Overall, the Independent Administration of Estates process is beneficial for families seeking a more streamlined and cost-effective way to handle probate matters after a loved one’s death.