Legal Question in Wills and Trusts in Texas
Self-Administering vs Dependent
I am listed as the Executor of my husband's will. The attorney said that I would have to file dependent administering. However, the will states ''My Executor shall be authorized to carry out all provisions of this will and pay my just debts, obligations and funeral expenses.''
Doesn't this mean self-administering????
Asked on 9/08/06, 9:53 am
1 Answer from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
Re: Self-Administering vs Dependent
No. There is probably a missing self-proving affidavit or a flaw in it or in some other part of the will form. This happens quite often with do-it-yourself wills. For the court to authorize an independent administration, the will must be acceptable to the court.
Answered on 9/08/06, 10:26 am