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Home | Reference & Education | Legal Next, the court has to formally recognize the death and authorize administration of the estate. This part can be pretty intimidating. If you have help from a lawyer who is competent in estate planning and El Paso probate matters, it's not nearly as difficult, I promise you that. What happens is the court appoints a person to administer the estate as either an independent or dependent administration. Independent administration is the preferred method in Texas. According to: Corpus Christi Bank & Trust v. Alice Nat'l Bank, 444 s.w.2d 632 (Tex. 1969), it is "designed to free an estate of the often onerous and expensive judicial supervision which had developed under the common law system, and in its place, to permit the executor, free of judicial supervision, to effect the distribution of an estate with a minimum of cost and delay." Dependent administration requires court approval for various matters that would otherwise take place without court approval in independent administration. Any disputes over who administers the estate will be resolved in court. Once the court makes this designation, a list of all property owned under the estate and money owed to the estate is prepared. If there was no will present, the court will officially determine the identity of the "heirs at law" and creditors owed money will be notified and given an opportunity to seek payment. Assets that remain after payment of debts and administration costs are paid to either the beneficiaries under the will or the heirs at law. If all of that sounds confusing to you, imagine what it would be like if you had to go it alone or employ the help of someone who isn't properly schooled in the ways of the El Paso probate process. Save you and your family the agony of pouring over confusing documents or settling sensitive disputes by letting a good, trusted West Texas lawyer handle your needs during this fragile time. Article Source: http://www.articlewheel.com
Written by Kacy Suther. El Paso probate lawyer Watson & Maynez specialize in probate law. Texas residents can find their El Paso probate attorney or El Paso wills lawyer at elpasowillsprobate.com .
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