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Probate Attorney Dallas
Dependent & Independent Administration
Dependent Administration
When someone dies without a will this process is used if debts exist against the estate and the heirs cannot agree on who is to act on behalf of the estate, or if there are minor children of the decedent.
The court will appoint a Dependent Administrator, who is responsible for collecting all of the assets of the estate, properly paying the creditors of the estate and making proper distribution. The court must oversee and approve all actions of the Dependent Administrator before the action is taken, including but not limited to selling any assets of the estate, selling real property, paying bills, etc.
Independent Administration
When someone dies without a will this process is used if debts exist against the estate and the heirs can agree on who is to act on behalf of the estate.
This is a Court created Independent Administration wherein the Court appoints an Independent Administrator who is responsible for collecting all of the assets of the estate, properly paying the creditors of the estate and making proper distribution. This is also referred to Unsupervised Administration.