In Texas, there are two kinds of probate that can take place in the administration of a will and the transfer of assets in an estate.
An Independent Administration of Estates will have the executor of a will pursue an independent means of administering a will because it is simpler and cheaper than the other alternative.
An independent administrator does not have to post a bond to protect against losses in the estate due to the executor’s careless or dishonest acts. They also do not have to ask a local court for permission to settle an estate, including paying bills, selling properties and distributing assets to people who are entitled to them.
However, the executor must make sure all assets are protected until they are able to be disbursed, including paying bills and creditors.
A Dependent Administrator of Estates requires more oversight by the courts along with greater restrictions.
With a little pre-planning, an experienced wills and probate attorney can make sure that a will is in place and legally binding, as well as assisting with the establishment of a living trust. Both documents are critical and should be in place well before a major life event has the chance to create chaos in a family dynamic.
Another key document an attorney can assist with is a directive to physicians. This basically outlines your wishes at the end of your life, and whether or not extraordinary measures should be taken to prolong your life. Many times, well-meaning family members unintentionally go against the will of a family member, creating uncertainty, stress and strains at a time when emotions will probably be running high anyway.
The Bryant Law Firm proudly serves Harris County and the surrounding communities of Galveston, Fort Bend, Brazoria, and Montgomery Counties.
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