Types Of Administration
There are several different ways of administering an estate in Texas. Three of the most common are Independent Administration -administration free of court supervision, Muniment of Title, and Small Estate Affidavit. When drafting a Will one generally uses Independent Administration by appointing an executor for the estate. Once an independent executor or administrator is approved and an inventory of the estate's assets has been filed with the court, the executor or administrator can proceed with
taking care of the administration of the estate without any further court involvement or supervision. Hence, independent administration avoids all costs and delays that can come with court-supervised estate administration. If there is no need for an executor or administrator of the estate and the only reason for Probating a Will is to clear title to
property, a Will can be admitted to probate as a muniment of title. This is normally used when there are no debts of the estate and no actions that require an executor or administrator. A Small Estate Affidavit can be used if the value of the estate, excluding the homestead, exempt personal property, and nonprobate assets, does not exceed $50,000, and no formal administration is necessary
if the heirs file an affidavit with the
court showing that they are entitled to receive the property of the estate.