Dependent Administration
A dependent administration is typically used when a person dies without a will, the estate has debts, and either the heirs cannot agree on who should act on behalf of the estate, or the decedent left minor children.
The court appoints a Dependent Administrator, who is responsible for collecting all of the estate's assets, properly paying the estate's creditors, and making proper distribution to the heirs. Under this process, the court must oversee and approve the administrator's actions before they are taken. That court approval is required for major decisions such as selling estate assets, selling real property, and paying the estate's bills, among other actions.
Because every significant step requires a court order, dependent administration offers strong oversight and accountability — a benefit when there is conflict among heirs or vulnerable beneficiaries to protect. The trade-off is that it usually takes longer and costs more than an independent administration.
Independent Administration
An independent administration is also used when a person dies without a will and the estate has debts, but in this case the heirs are able to agree on who should act on behalf of the estate.
This is a court-created independent administration in which the court appoints an Independent Administrator. Like a dependent administrator, this person is responsible for collecting all of the estate's assets, properly paying the estate's creditors, and making proper distribution. The important distinction is that the independent administrator can carry out these duties without seeking court approval for each action. For this reason, independent administration is also referred to as unsupervised administration.
Independent administration is the more common and preferred route in Texas because it saves time and reduces expense — provided the heirs can agree on who serves.
Which Type of Administration Applies to Your Situation?
Every estate is different. In general, Texas courts lean toward independent administration when the heirs agree on an administrator and the estate can be settled cooperatively, and toward dependent administration when heirs disagree, when minor children are involved, or when the estate needs closer court supervision. An experienced Dallas probate attorney can review the specific facts of your case and recommend the path that best protects you and the estate.
