1. express language in the will ▪ pc § 145(b) ▪ ec § 401.001 ▪ in re dulin’s estate – p....
TRANSCRIPT
Independent
Administration
Creation of Independent Administration
1. Express language in the will▪ PC § 145(b)▪ EC § 401.001
▪ In re Dulin’s Estate – p. 193
▪ Questions 1-2 – p. 196
▪ Relevance of mere bond waiver
Creation of Independent Administration
2. By agreement of all will beneficiaries▪ PC § 145(c)▪ EC § 401.002
3. By agreement of all heirs▪ PC § 145(e)▪ EC § 401.003
Creation of Independent Administration
Obtaining agreement of distributees▪ PC § 145▪ EC § 401.004
Examples:▪ Minor = guardian of the person▪ Testamentary trust = current income
beneficiaries▪ Life estate = life tenant
Creation of Independent Administration
Testator may prohibit independent administration▪ PC § 145▪ EC § 401.001(b)
Creation of Independent Administration
Court may waive bond Even if will did not provide for bond
waiver Even if decedent died intestate▪ PC § 145(p)▪ EC § 401.005
Independent Administration
[continued]
Basic duties of Independent PR
1. Act as a fiduciary and in good faith.
Basic duties of Independent PR
2. File inventory, appraisement, and list of claims (or affidavit in lieu thereof) within 90 days of qualification.
Basic duties of Independent PR
3. Set aside homestead, allowances, and exempt property PC § 146 EC § 403.001
Basic duties of Independent PR
4. Creditors▪ PC § 146▪ EC Chapter 403, subchapter B
Give notices as in dependent administration
Creditors have basically the same rights and duties
Classify and pay claims as in a dependent administration
Problems 1-3 (p. 199)
Basic duties of Independent PR5. Selling estate property
▪ PC § 145C▪ EC § 402.052
Even without power of sale clause in a will, PR may sell estate property in the same situations that a dependent PR could sell.
PR can also get court to grant a power of sale with consent of distributees if:▪ No will provision▪ Intestacy
Basic duties of Independent PR
6. Accounting Annual accounts are not needed.
Interested person may demand after 15 months▪ PC § 149A▪ EC § 404.001
Basic duties of Independent PR
7. Accounting & Distribution Interested person may petition
court after two years▪ PC § 149B▪ EC § 405.001
Removal of Independent PR
Authority▪ PC § 149C▪ EC § 404.003
Who requests? Any interested person Court on its own motion
Notice by personal service is required
Removal of Independent PR
Grounds Basically, same as for removal of
dependent PR
In re Estate of Miller (p. 201)
Kappus v. Kappus (Tex. Sup. Ct.)▪ Legislative reaction
Closing the Independent
Administration
Closing Independent Administration
No requirement that estate be closed.
Should PR close the estate?▪ Reasons yes▪ Reasons no
Closing Independent Administration
1. By Affidavit – The closing report▪ PC § 151▪ EC § 405.005
When▪ All debts paid (or paid as much as
possible), and▪ Residue (if any) given to heirs and
beneficiaries Closing report is like a mini-
accounting
Closing Independent Administration
1. By Affidavit – The closing report Verified by affidavit Court takes no action No impact on PR liability Future claimants cannot look to ex-
PR Burke (p. 210)
Closing Independent Administration
2. By distributee application▪ PC § 152▪ EC § 405.009
Closing Independent Administration
3. Judicial discharge▪ PC §§ 149D-149G▪ EC § 405.003
Closing Independent Administration
4. By operation of law▪ In re Estate of Teinert
Closing Independent Administration
Partition PR can go to court for help with
partitioning estate property.▪ PC § 150▪ EC § 405.008