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INDEPENDENT ADMINSTRATION
WHAT IS PROBATE OF A WILL BY INDEPENDENT ADMINISTRATION?

Probate of a will by independent administration is an abbreviated procedure found in Texas to transfer property left by a will, without going through a more involved probate process.

This procedure can be used when a person dies with a valid will appointing someone as "independent executor" to serve "without bond", and stating that "no other action shall be had in the county court in relation to the settlement of his estate than the probating and recording of his will, and the return of an inventory, appraisement and list of claims of the estate."

Even if the will does not provide for an independent administration, or even when there is no will, sometimes courts will allow probate by independent administration under certain circumstances, if all of the heirs agree to the procedure.

OVERVIEW OF THE PROCESS
  1. We file an Application for Probate of the Will and for Issuance of Letters Testamentary.
  2. Appropriate notice of the application must be posted.
  3. A brief hearing is required, with appropriate witnesses, after the notice period has passed.
  4. We are required to publish notice to any possible creditors in a local newspaper used for giving legal notices.
  5. We must file an Inventory, Appraisement, and List of Claims with the Court.
  6. The judge may also require that we prepare and file with the court a statement that all property has been transferred to the rightful recipient.
WHAT DO WE NEED TO COMPLETE THE PROCESS?
  1. The original will
  2. A copy of the death certificate
  3. Filing fees
  4. A witness to testify in court concerning the fact of death, signatures on the will and other related matters (usually the applicant for probate)
  5. Witnesses to the will if it is not accompanied by a self-proving affidavit in the Texas statutory form
 
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