- 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
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.