How can independent administration be used to administrator an estate?
Texas Estates Code Sec. 402.002 provides that “any action that a personal representative subject to court supervision may take with or without a court order may be taken by an independent executor without a court order.” How can independent administration be used to administrator an estate?
Can a probate court appoint an independent executor?
The probate court will then enter an order granting independent administration and appointing the person, firm, or corporation designated by the distributees as independent executor, unless the court finds that it would not be in the best interest of the estate to do so.
Who is the executor of a deceased person’s estate?
These assets and liabilities will form part of a person’s estate. At the death of that person, his/her deceased estate must be administered, in other words, divided, distributed and controlled by someone. This person is called an executor.
Can a child act as an executor or administrator?
Any adult can act as the administrator or executor, unless he has been found to be unsuitable under state law or by the probate judge. Heather Frances has been writing professionally since 2005.
Who is the executor of my father’s estate?
She and my father, who died in 1997, had an A-B Trust. The estate included her home. It was paid in full, but a mortgage was opened a few months before she died to pay for home health care expenses, farm property, a time share and personal belongings There are four children and one was designated the estate executor.
Who is an estate administrator in probate court?
One of the probate court’s first actions will be to appoint a legal representative for the decedent and his or her estate. The legal representative may be a surviving spouse, other family member, executor named in the decedent’s will or an attorney. We will use the term “estate administrator” to refer to the appointed legal representative.
What does independent administration mean in probate court?
Probate courts do not have much oversight over cases being administered independently, so the process can be completed more quickly and affordably. Independent administrators can sell property, pay debts, close accounts and take other actions on behalf of the estate without having to ask the court for permission first.
Any adult can act as the administrator or executor, unless he has been found to be unsuitable under state law or by the probate judge. Heather Frances has been writing professionally since 2005.