Probate

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Probate is the process in which a court legally recognizes a person's death and oversees the payment of a deceased person's debts and the distribution of his or her estate. Texas allows for three types of probate.

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Dependent Administration

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Dependent administration is the default rule in Texas. This means the personal representative of the estate must get court approval prior to selling assets, must inform the court of all income and expenses each year, and must provide to the court balance sheets. This requires more time and expense to the estate. 

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Independent Administration

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Independent administration allows the personal representative of the estate to handle probate without court supervision. This personal representative of the estate does not have to ask for and receive court approval for each step during the probate process. This allows for less time and expense to the estate. 

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Muniment of Title

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Muniment of title allows a document to be treated as a proof of title to property. It is used for small estates if a court agrees that there is a valid Will that is admissible to probate, there are no unpaid debts, and there is no need for a full administration of the estate. This is a fast and simple process can take less than 30 days.

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