Is there a way to avoid the probate process?
Texaslaw allows you to appoint an executor who will have authority to act independent of any probate court supervision. This is known as “independent administration.” If you choose independent administration, the probate court will not have any supervisory jurisdiction over your independent executor or your estate. In fact, in an independent administration, the probate court initially only has the power to determine that (i) your will is valid under Texaslaw, was not revoked and was filed in the correct county, and (ii) the independent executor named by you is not disqualified under Texaslaw. This is accomplished at a relatively informal hearing (the “probate hearing”) before the probate judge that can be scheduled after the will has been on file for approximately two weeks. After the probate hearing, the only filings required in the probate court are (i) an affidavit that a notice to creditors was published in a local newspaper notifying them of the appointment of your independent exe
