When a family member dies without a will, it can be overwhelming trying to decide how to handle their affairs. Just as each family is unique, the circumstances surrounding the deceased’s estate, from totaling assets, determining heirs, and accounting for debts, can be varied and complicated. While hiring an attorney is crucial in these cases, managing and potentially lowering attorney fees can ease the financial burden. Texas law governs a situation in which a person dies without a will, but your best course of action is always to consult with a Texas attorney working in the area of wills and probate. Our team focuses primarily on so-called “will contests,” or “probate disputes.”

Here’s how to approach this issue effectively:

1. Choosing the Right Type of Probate

In general, there are two types of estate administration in Texas: dependent and independent. The biggest difference between the two is dependent administration requires much heavier oversight of the court (the court appointed administrator depends on the court’s approval), while independent administration allows for far more freedom. In practice, dependent administration is often required when there is no will. 

As can be expected, the more the court is involved in administering an estate, the costlier and more time consuming it will be. In some situations, there are benefits to dependent administration, but it is best to avoid it when possible.

2. Agreeing to Independent Administration

In Texas, when a person dies without a will, the administration will automatically be dependent. This means that without intervention, an estate may be drained through attorney’s fees in an unnecessarily burdensome court-supervised dependent administration. However, if all beneficiaries agree, an estate can qualify for independent administration which can save those same beneficiaries time and money.

To best demonstrate the difference, imagine John Doe passed away in Dallas County, leaving behind as his only beneficiaries his wife Jane Doe and two adult children from a previous marriage. John did not have a will, and his widow is concerned about managing his estate and making sure both she and her stepchildren are fairly provided for.

Dependent Administration under Texas Law

In a dependent administration, practically every step would need to be overseen and approved by the court. If Jane wanted to sell John’s interest in their home, she would need court approval. If Jane wanted to access John’s savings account, she would need court approval. The back and forth with the courts will take weeks, sometimes months, and chip away at estate assets.

Independent Administration under Texas Law

Assume now that Jane has a good relationship with her stepchildren, and they trust she will protect their interests. All three of them agree they would rather use independent administration to save time and money. Jane can apply for independent administration with the approval of the two stepchildren, and act independently of the court while administering the estate. Now Jane is empowered to more quickly and efficiently access assets on behalf of the beneficiaries.

Independent administration is a popular choice in Texas for a reason. It may be a good fit for your situation, but only a consultation with a probate attorney can help you know the necessary details. Knowing and evaluating your options before starting the probate process is a great strategy to lower the overall financial burden when a loved one dies without a will.

Read more: Dying without a Will in Texas: Avoiding Unnecessary Fees