Dependent Administration in Corpus Christi

In a dependent administration, the court supervises the estate. The administrator needs court approval to sell estate property, pay claims or make distributions. It takes longer and costs more than an independent administration. Families ask for it when they do not trust the person who would otherwise manage the estate without oversight.

Why a family asks for court supervision

An independent administration runs with very little court involvement. That works when the executor is careful and honest. When the executor is neither, beneficiaries often do not learn about the problem until the money has already been spent.

Nueces County has no statutory probate court. Probate is heard by the county courts at law, which also hear other civil matters. No one at the courthouse monitors an independent administration as it goes, and a file with no activity gives the court no reason to look at it.

A dependent administration puts the significant decisions on the record. The administrator applies to the court for authority, and persons interested in the estate can object before the court rules.

The order in which claims are paid

Estates Code §355.102 classifies claims against an estate and sets their priority of payment. Funeral and last-illness expenses come first, within dollar limits, followed by administration expenses, secured claims, child support arrearages and taxes, with general claims last in Class 8.

Estates Code §355.102.

Priority disputes come up most often when the administrator is also a creditor, or has a friend or relative who says he is one. Under supervision, claims and payments go through the court, so a beneficiary who thinks a lower-priority claim is being paid ahead of a higher one can raise the issue before the payment is made.

Selling estate real estate under court supervision

The sale of a house is the most common source of conflict in a dependent administration. The Estates Code gives interested persons more than one opportunity to be heard before a sale becomes final.

1. Application for sale Under §356.251, the administrator may apply for an order to sell estate property when a sale is necessary or advisable to pay expenses or claims, or when selling real property is in the estate’s best interest. Section 356.252 requires the application to be in writing, describe the property, and include a verified exhibit showing the estate’s condition and the claims against it.
2. Citation and opposition The clerk issues citation to all persons interested in the estate under §356.253. Under §356.254, any interested person may file a written opposition to the sale, or an application to sell other estate property instead. This is the stage to object to a low price or to a buyer with ties to the administrator.
3. Order of sale The court decides whether the sale may go forward and on what terms.
4. Report of sale Under §356.551, the administrator files a sworn report within 30 days after the sale or contract, giving the price, the buyer and the terms.
5. Hearing and decree Under §356.552, once the report has been on file for five days, the court inquires into the sale and hears evidence for and against the report. Under §356.556, the court approves the sale if it was for a fair price, properly made and in conformity with law. If not, the court sets aside the bid or contract and orders a new sale if necessary.

Estates Code §§356.251 through 356.254, 356.551, 356.552 and 356.556.

Transfer of a contested matter to the county court at law

Estates Code §32.004 applies in counties like Nueces that have no statutory probate court but do have a county court at law exercising original probate jurisdiction. If a matter in a probate proceeding pending before the county judge becomes contested, the county judge may transfer it to the county court at law on the judge’s own motion, and must transfer it on the motion of any party. The judge may transfer only the contested matter or the entire proceeding.

How this office handles dependent administrations

Kreig LLC is a contested probate practice. The work includes applying for dependent administration over an objection, opposing another party’s application, and dealing with an independent administration that has already gone wrong. That last situation often begins with removing the executor. Where the estate’s finances are complicated, see large and complex estates.

Office: Kreig LLC, 710 Buffalo St., Suite 802, Corpus Christi, TX 78401, by appointment. Serving Nueces, San Patricio, Kleberg, Aransas and Jim Wells counties.