Not every estate can be probated through independent administration. Some have to go through a dependent administration procedure, which is more complicated and expensive. The estate’s administrator or executor will have to get approval of the probate court every step of the way. He or she may have to post a bond, submit an inventory, petition the court at various stages, and prepare other documentation. If you are going through a dependent administration procedure, it is important to have an experienced probate attorney. Here at the Fetty Firm, P.C., we can provide the legal assistance that you need to successfully navigate a dependent administration procedure.
What is dependent administration?
In a dependent administration probate, the court oversees every aspect of the estate. Administrators or executors will have to:
- Post bond
- Submit an inventory every year the case is in probate
- Hire appraisers
- Get the courts’ permission to sell property and/or distribute assets including selling a car, selling a house, cashing in stocks, even paying debts
- Report all income and expenses of the estate in a given year while the case is in probate
Why do cases go into dependent administration?
Most probate cases go into dependent administration when there are issues with the will. In essence, going into dependent administration is avoidable—and should be avoided if possible.
Is dependent administration as bad as many make it out to be?
Despite the disadvantages, there are two clear advantages. For one, dependent administration is a welcome process if there are issues of trust amongst the heirs. This includes situations where one of the heirs acts in bad faith—and there’s evidence of it. For two, there’s a greater degree of accountability. The court will hold the administrator or executor responsible for carrying out their duties during the probate case.
Regardless, the Fetty Firm, P.C. is here to provide counseling and advice throughout the entire dependent administration probate process.