San Antonio Heirship Lawyer

Bexar County Heirship Attorney Serving San Antonio

During the probate process, the court relies on the will of the person who passed away, known as the decedent, to settle their estate. There are two ways that estates are settled, by a dependent administration or by an independent administration, based on the amount of court supervision ruled necessary. If no will was left by the decedent, or if the will only covers part of the estate, the court must determine heirship so that the assets can be legally distributed.

Wills and Probate

When a will enters the probate process, it can be settled either through a dependent administration or an independent administration process. If you are acting as the administrator or executor of an estate, it is essential that you know the differences between the two options and what your roles are in each scenario. A dependent administration requires the executor to get approval from the court for most actions and to provide regular reports to the probate judge. An independent administration gives more autonomy to the executor and does not have the same reporting requirements.

Dependent Administration

Dependent administration is commonly used when additional oversight is considered necessary by the court, often due to disputes among the beneficiaries or if an estate has a large amount of debt. While this option can often take longer and be more costly, it can benefit all parties involved. This includes the estate's beneficiaries, who will be notified when the executor takes court-approved actions. The executor or administrator is also safeguarded, since the court must approve any actions they take. Under dependent administration, actions that require court approval include all transactions, such as selling assets and paying debts. Due to this higher level of legal scrutiny, the executor or administrator is required to have an attorney during this process.

Independent Administration

Independent administration is allowed when an executor was named in the decedent's will or all the beneficiaries agree upon an executor. This approach takes much less time, since the executor has approval from the court to conduct transactions related to the estate without the court's involvement after an initial review. While this gives the executor more freedom, they also have greater responsibility to ensure the will is executed properly.

We can provide legal assistance through both a dependent administration or an independent administration to ensure the executor is meeting their legal responsibilities, or we can assist you if you are the executor.

Work With a Skilled Probate Lawyer on Heirship Cases

Under Texas law, if a person dies without leaving a valid will, or if their will only covers a portion of their estate, their estate is considered intestate. In intestacy law, the probate court will determine how the estate or the remaining estate will be distributed and who the heirs are. Representatives and claimants to the estate or anyone seeking to be the independent administrator of the estate can file an application to determine heirship. If you are seeking to establish heirship in a probate court, our attorneys can help you file the proper application and represent you during your case.

Contact a San Antonio Lawyer for a Dependent Administration, Independent Administration, or Heirship Case

It is essential to find a law firm you can trust to help you through the probate process, which can be overwhelming. If you need legal help through a dependent or independent administration or with establishing heirship, contact the attorneys of The Law Office of Ryan C. Moe, PLLC. You can call our office at 210-861-6000 or contact us by email. We serve clients in Bexar County and throughout the San Antonio area, including Boerne, New Braunfels, Seguin, Hondo, Castroville, La Vernia, Floresville, Jourdanton, Devine, and including but not limited to Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.