They are essentially two main types of probate for uncontested cases where all the family members are in agreement and there is really no one fighting. The first is if there is a will that names an independent executor. According to the Legal Consumer, this process involves what is called an independent administration.
This is a fairly easy procedure that allows the executor to only have to go court, typically only once. It is not a very long hearing, and they are able to wrap up this in a day by paying the creditors and then distributing the property to the beneficiaries pretty easily. The beneficiaries may still need to work with an attorney to be able to accomplish this. If the beneficiaries have that provision in their deceased loved one’s will, it can make their life much easier.
In an uncontested case where the family is not fighting, but there was not a will or the will did not name an independent executor, the beneficiaries may still be able to use an independent administration with a determination by the court. According to the Texas State Law Library, this procedure is one where all the heirs to the property agree to allow the court to still name an independent administrator. This administrator is then responsible for again paying off the creditors and then having the court determine who the heirs to the property are.
There is a state statute that says exactly who that will be in each specific situation. And then the independent administrator is responsible for going about the process of transferring the deceased person’s title to their property to those heirs. So, those are the main two types of probate in an uncontested situation where the family is not fighting.
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