Legal Question in Wills and Trusts in Texas
What does independent administratorship do if there is four kids and only one is asking for it?
1 Answer from Attorneys
Without more facts, I'm going to assume that the decedent did not leave a valid Last Will and Testament. In that case, the Probate Code in Texas permits the creation of an independent administration (just like a Will) when each and every one of the decedent's heirs (proven in a separate proceeding) consents to this type of administration. While every heir must agree and consent, it is far more practical to request the appointment of only one person (also typically an heir) to the job of independent administrator. Independent administrators are able to resolve a decedent's estate while avoiding a significant chunk of judicial oversight and supervision. The alternative available is a dependent administration, which is all but certain to be much more expensive and far more time-consuming.
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