Role of a Personal Representative in the Sugar Land Probate Process

There are several different types of personal representatives which a court may appoint to administer an estate in Sugar Land. If a person dies with a Will, it will typically provide for an independent executor. However, a different type of personal representative may be appointed if an estate is contested or if the person dies intestate, without a will. The administration process for the estate varies depending on the type of personal representative appointed

To learn more about the role of the personal representative in the Sugar Land probate process, consult the lawyers at Romano & Sumner. They are experienced trust and estates attorneys that can provide insight on the Texas probate process and help you streamline the procedures.

What is an Executor vs. an Administrator?

Both an executor and an administrator are personal representatives appointed by the court to perform a specific duties on behalf of a deceased person’s estate. Their job is to collect the assets of the estate, pay the debts of the deceased person, and distribute the remaining estate to the beneficiaries.

An executor is the term for someone named to that role in the will to serve as the representative. An administrator, on the other hand, is a person who is appointed by the court to represent an estate but was not appointed directly by the will. The term personal representative is one that encompasses both executors and administrators.

Determining the Personal Representative

In Texas, if there is no will, or if it did not name a representative, the probate courts would appoint someone to be either an independent or dependent administrator. If there is no will, an heirship proceeding is done with court supervision to have the heirs judicially determined and a personal representative appointed to administer the estate.

Texas law allows all the heirs, once they have been determined, to elect for an independent administration. This means that they can decide that there is no required bond and no court supervision in the administration process, as long as the representative files an inventory or draft an affidavit.

Because Texas allows an individual to state in their will that they want an independent executor, the probate process can be streamlined, and a representative’s duties can be simplified. A local attorney can help inform a personal representative on how to streamline the process and simply their role as much as possible.

Learn More About the Role of a Personal Representative in the Sugar Land Probate Process

The dedicated attorneys at Romano & Sumner can work to help a personal representative become knowledgeable of their duties and how to execute them in the best way possible. Our legal team is knowledgeable in navigating the role of a personal representative in the Sugar Land probate process and creating a smoother experience for those involved. Call today for a free consultation.

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Romano & Sumner, PLLC

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