Pioneering Probate Law in Houston, Texas

By Geoff R. Casavant | Published on April 5, 2012 | 0 Comments

Many laypeople might not know it, but in the world of probate law, Texas is quite a pioneer. According to Geoff R. Casavant, P.C., Texas is one of the first states in the U.S. to legislate “independent administration” for probates. That means if an executor who is an independent is appointed, they don’t have to check in with the courts to get permission for every decision they make on their inherited estate. This law has many positive consequences, not the least of which include savings in money, time, and hassle.

Ordinarily, in the absence of the independent administration law, says the Houston probate lawyer, things can be a formidable hassle for any estate administrator. Say you are the administrator of an estate, and you are an independent—nobody can claim you as a dependent. Where you live, they haven’t enacted an independent administrator law yet. Now say you want to sell a piece of the real property you inherited. First, you have to file an application with the court saying you want to sell the property. Let’s say the court gets back to you with an affirmative answer. Next, you find a buyer who signs the sale contract. First, you have to bring that contract to the court for approval. Let’s say the court gives you approval for the sale. Finally, the buyer can take charge of the real property they bought. As the probate lawyer in Houston says, this process requires three, maybe four trips to the court to file petitions for what you wanted to do with your inherited estate. It also requires the time to file and the expenses to hire an attorney to represent you.

The above explanation shows how difficult running an estate can be. But in Texas, says the Houston probate lawyer,
an inheritor benefits immensely from the independent administrator law. Instead of going to the court three or four times just to sell property, the inheritor simply tells the court he wants to sell property, presents the potential buyer,
and presents the closing agreement, all in a single visit. In effect, the law lets the inheritor act as if he always owned the property, instead of treating him like a borrower whose every decision needs to be vetted. As can be imagined, this law is a popular development.

Texas isn’t the only state with this law, but one of the first. As the Houston probate lawyer has illustrated, there appear to be many benefits to the legislation. It saves money, it saves time, and it leaves the inheritor with
the feeling of confidence that comes from being treated as the owner—rather than the caretaker—of property.

*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

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