Dependent Administration

The End Stages

Partition & Distribution

Partial Distribution

When? After approval of inventory

Who may request? PR Heirs Beneficiaries

Authority PC § 373(c) EC § 360.002

Total Distribution

When? After one year from grant of letters

Who may request? PR Heirs Beneficiaries

Authority PC § 373(a) EC § 360.001

Citation

Method Personal service on each person

residing in Texas whose address is known.

Publication service on others

Authority PC § 374 EC § 360.051

Hearing

Court will determine if it is proper to make a partial or total distribution. PC §§ 377-378 EC § 360.101

Partition

Money or debts due the estate Easy – just use simple math▪ PC §§ 380▪ EC § 360.151

Partition

Other property capable of division Court appoints three or more

discreet and disinterested persons to divide the property▪ PC § 380▪ EC § 360.151

Partition

Property not capable of division Court orders PR to sell the property

and divide the proceeds▪ PC § 381▪ EC § 360.202

Income

Income from a gifted item that accrues after death but before distribution is given to the beneficiary less the cost of taxes, repairs, insurance, management fees, etc.▪ PC § 378B▪ EC § 310.004

Final Settlement

Triggering event All debts paid, or Debts paid as much as possible, and No further need for administration.▪ PC § 404▪ EC § 362.001

Final Account

Very similar to the annual account▪ PC § 405▪ EC § 362.004

Citation Normally, certified mail, return receipt

requested▪ PC § 405▪ EC § 362.005

Court action