What to do if I'm an heir who doesn't agree to independent estate administration and wants dependent

[G.C.]

Jurisdiction

Texas

Texas

If an heir does not consent to the independent administration of an estate without a will, does the court automatically default to dependent administration? Or must the non consenting heir respond proactively with some sort of filing or answer?

Background

• A family member passed away without a will in Texas.
• Probate filings have begun in Tarrant County, Texas.
• An adult child heir applied filed for "APPLICATION TO DECLARE HEIRSHIP, FOR AGREED INDEPENDENT ADMINISTRATION, APPOINTMENT OF AN INDEPENDENT ADMINISTRATOR WITH POWER TO SELL PROPERTY AND TO SERVE WITHOUT BOND PURSUANT TO SECTIONS 401.003, 401.005 AND 401.006 OF THE TEXAS ESTATES CODE, OR ALTERNATIVELY FOR APPOINTMENT OF A DEPENDENT ADMINISTRATOR" in the estate of deceased.
• Several of the heirs did not sign the form titled, "Consent to Application to Declare Heirship, For Agreed Independent Administration, Appointment of an Independent Administrator with the Power to Sell and to Serve Without Bond, and Waiver of Notice."
  • These heirs do not trust the admin applicant and want the court supervising the process. Only the admin applicant resides in Texas. None of the other heirs want to be administrator.
• The heirs who didn't sign the consent have each been personally served with a copy of the application and a cover sheet stating, "you, are cited to appear, to contest said petition if you see proper to do so, by filing your written answer or objections thereof" by such date.

Is there something these heirs must do now?

 

[Zigner]

• The heirs who didn't sign the consent have each been personally served with a copy of the application and a cover sheet stating, "you, are cited to appear, to contest said petition if you see proper to do so, by filing your written answer or objections thereof" by such date.

Ok, it seems as if instructions have been given.

Is there something these heirs must do now?

It seems fairly clear that that they need to properly appear by filing a written answer and/or objections thereof. An attorney is obviously going to be needed - in Texas.

 

[zddoodah]

Is there something these heirs must do now?

Hiring an attorney would be the obvious thing to do.

 

[army judge]

If an heir does not consent to the independent administration of an estate without a will, does the court automatically default to dependent administration?

By way of an example for illustration purposes, there is very little one can can do if an heir refuses to agree to settle or sell real property.

There are additional legal tactics one can pursue and employ, if the property must be sold (or you want to sell real estate) and one or more heirs do not wish to sell or apportion the assets, then a partition action is an option you can investigate.

A partition action allows the home to be sold, but also dilutes the amounts the heirs will receive.

Why?

The court and it's appointed representative/overseer take their cut of the cash received at sale.

For example, the property sells for $100,000. The court might take $10,000, leaving the heirs to split $90K; rather than $100K.

If you dance to the band's music, the band must be paid.

I suggest you try to agree, that way you all save money!

If you have to involve Judge Pappy, Judge Pappy and his designees will demand their cut!


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