Probate A Will In Denton

You will seek an Independent Administration to admit the Will to probate to give it legal effect and to appoint an executor to administer the estate.

In order for the court to issue an Order Admitting Will to Probate and Authorizing Letters Testamentary, the following requirements must be met:

The original Will and an Application to Probate Will and for Letters Testamentary are filed with the Court.  If approved, the court will issue an Order Admitting Will to Probate and Authorizing Letters Testamentary.

The court appoints an executor and issues Letters Testamentary to the executor.  The executor will then be charged with collecting the assets of the estate, paying the debts of the estate, and distributing the remaining assets to the beneficiaries in accordance with the terms of the Will.  In an independent administration, the executor does not need the court’s permission to pay bills or to sell or distribute the assets of the estate.  The executor need only admit the Will to probate and file an inventory of the estate’s assets with the court.

This process admits the Will to probate and gives the Will legal effect.  This type of proceeding is often used when the decedent left a Will and the only assets in the estate are the decedent’s home or a very small bank account.  There can be no debts other than those secured by liens (mortgage, etc.) .  The procedure is most often used when there is a need to pass title to the decedent’s home to an heir but, there is no other business to conduct.

In order for the court to issue an Order Admitting Will to Probate as a Muniment of Title, the following requirements must be met:

The original Will and an Application for Probate of Will as a Muniment of Title Only are filed with the Court.  If approved, the court will issue on Order Admitting Will to Probate as a Muniment of Title Only.

The court does not appoint an executor or administrator in this type of proceeding because no formal administration is necessary.  The court’s Order Admitting Will to Probate as a Muniment of Title Only constitutes sufficient legal authority to all persons to pay or transfer estate property to the person or persons described in the Will as the beneficiary of the particular asset.  The Order Admitting Will to Probate as a Muniment of Title Only is what is needed to pass the family home to the ownership of the beneficiary.

WARNING.  Some financial institutions can throw up a roadblock to admitting a Will to Probate as a Muniment of Title Only.  If the decedent’s financial institutions will not release control of accounts without receiving “Letters Testamentary” or “Letters of Administration.” Check with your loved one’s banks, etc. and see if they will require the Letters.  If they do, you will want to pursue an Independent Administration so that you will have the Letters necessary to take control of the accounts.  If your loved one has significant accounts with financial institutions, it may be best to pursue an Independent Administration from the beginning

Court Created Independent Administration is used to admit the Will to probate so as to give it legal effect and to appoint an administrator to administer the estate.  This type of proceeding is used when the decedent left a Will but no executor is named in the decedent’s Will, or in situations where each executor named in the Will is: 1) deceased;  2) disqualified to serve as executor; 3) unable or unwilling to serve as executor; or 4) is not granted independent status.

In this situation, all of the distributees of the decedent must agree on the advisability of having an independent administration and must agree on the person to serve as independent administrator.

In order for the court to issue an Order Admitting Will to Probate and Authorizing Letters of Administration, the following requirements must be met:

The original Will and an Application to Probate Will and for Letters of Administration Pursuant to Section 145 of the Texas Probate Code are filed with the Court.  If approved, the court will issue on Order Admitting Will to Probate and Authorizing Letters of Independent Administration.

The court then appoints an administrator and issues Letters of Administration to the administrator.  The administrator will then be charged with collecting the assets of the estate, paying the debts of the estate, and distributing the remaining assets to the distributees of the estate in accordance with the terms of the Will.  In an independent administration the administrator does not need the court’s permission to pay bills or to sell or distribute the assets of the estate.  The administrator need only admit the Will to probate and file an inventory of the estate’s assets with the court.

A dependent administration will admit the Will to probate and give it legal effect It will also appoint an administrator.  This type of proceeding is used when the decedent left a Will but no executor is named in the decedent’s Will, or in situations where each executor named in the Will is: 1) deceased;  2) disqualified to serve as executor; 3) unable or unwilling to serve as executor; or 4) is not granted independent status.

In this situation, there is no agreement to have an independent administration or who the administrator should be.  This situation arises when the beneficiaries are fighting with one another or one of the beneficiaries is a minor child.

In order for the court to issue an Order Admitting Will to Probate and Authorizing Letters of Administration, the following requirements must be met:

The original Will and an Application to Probate Will and for Letters of Administration are filed with the Court.  If approved, the court will issue on Order Admitting Will to Probate and Authorizing Letters of Administration.

The court appoints an administrator and issues Letters of Administration to the administrator.  The Administrator will then be charged with collecting the assets of the estate, paying the debts of the estate, and distributing the remaining assets to the distributees of the estate in accordance with the terms of the Will.  In a Dependent Administration, the court closely supervises the administration of the estate.  Bills cannot be paid and assets cannot be sold or distributed without the approval of the court.  Periodic accountings must also be prepared to advise the court of the status of the estate.