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Dallas Bar Association 2101 Ross Avenue Dallas, Texas 75201 View Map
214-220-7400 214-220-7465 (fax) |
Probate: The Easy Way Or The Hard Way?
by Shelly West - Lawyer Referral Participant since 1994
<Winter 2004> Despite what you may have heard, probate in Texas can be simple and fast with good planning. Without planning, without any will, probate of a person’s estate will be costly and time consuming. This article briefly sets forth a few differences between a probate with a will and a probate without a will. Probate of Simple Will Probate of a will is the presentation of a deceased person's will to the court for official recognition and registration. The court then determines if the will is genuine so that it may be used in the administration of the deceased person's estate. Using Independent Administration, the executor of the deceased person's estate may be able to probate the will with only one court appearance and the later filing of the Inventory, Appraisement and List of Claims. What is an Independent Administration? Independent Administration is used by the executor named in the deceased person's will. The executor is the deceased person's personal representative and is empowered by the court to take whatever action is necessary to settle the estate without having to ask the court for permission every step of the way. The executor's job is to gather the assets, pay appropriate debts, and distribute what's left to the beneficiaries named in the will. Under most circumstances, no bond is required of an Independent Executor. An Inventory & Appraisement and List of Claims must be created. In the simplest probate, this list is easily created. This document is comprised of assets belonging to the deceased. The court is not concerned with the number of spoons in the drawer, for example, but a general list as to the extent of the deceased's estate is required. Assets listed include: real estate, bank accounts, claims - money due the estate, and personal items. The personal items are generally noted as one number on the list. Using Independent Administration, the executor presents this list to the court, and if approved, the probate proceedings are finished. How much does a Dependant Administration cost? Yes, think dollars. In Dallas County effective as of September 1, 2003, filing fees for a Dependant Administration is $191.00. Add an heirship determination for $59.00 more, publication in the Daily Commercial Record of the heirship determination which is roughly $180.00, and the publication of notice to creditors at about $70.00. When you finally get the Dependant Administration you have also had to obtain a bond to protect the appointed property and pay an annual premium. So to get the Dependant Administration off the ground the filing fees plus publication fees will be a minimum of $500.00. Then payment of the ad litem attorney is at least $200 to $600. And, attorney’s fees have not yet been paid. A Dependant Administration also requires court approval of every move made by the personal representative. Applications to sell property must be approved by the Court followed by reports of the sale of the property. The filing of an Inventory is required. Then no earlier than six months after appointment of the personal representative, a final accounting must be filed and approved by the court and notice must be served on all the heirs. Naturally, if the estate is open longer than a year, annual accountings would also be required. And this is if all heirs are agreeable and no adversary proceeding is filed. Obviously, the easier route is maintaining a current simple will. In contrast to the Dependant Administration, a simple will would cost less than $500.00 to draft. Filing fees in Dallas County for an Independent Administration are $191.00 plus publication to creditors in the Daily Commercial Record at a cost of about $70.00. In conclusion, it should be clear that probating a will makes for a much easier, less expensive, less time intensive process than probate without a will. Past Newsletters:Winter 2004Winter 2004 Spring 2003 Spring 2003 Spring 2003 Spring 2003 Winter 2003 Winter 2003 Winter 2003 Fall 2002 Fall 2002 Fall 2002 Fall 2002 Fall 2002 Winter 2002 Winter 2002 Winter 2002 Winter 2002 Winter 2002 Winter 2002 Summer 2001 Summer 2001 Summer 2001 Summer 2001 Summer 2001 |
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