Ah, those words send chills down the spine of many an administrator who has trudged a weary path to the courthouse steps and an even wearier path to the pawnshop to determine which estate assets should be sold to pay the mounting legal costs, while the humming estate lawyer browsed the latest yacht models. There, there. If you are reading this because your attorney just told you that you will need a dependent administration, dry your eyes. It isn't always that bad.

But I don't want to dodge the question. A dependent administration is where the Court oversees every aspect of an estate. In most cases this means that the executor or administrator must post a bond, hire appraisers, submit an annual inventory, petition the Court for permission to sell any property or distribute any assets, and file a final report with the Court. If you do not trust any of your heirs to honor your final wishes, you may even want to require a dependent administration. I have successfully petitioned the Court to require one where there was a high level of distrust between the heirs and evidence of bad faith. However, if you do have someone you trust as your executor, you will want to allow them to be an indendent administrator, which will minimize the time and expense of probating your will after your death.

There is no way to tell you exactly how much a dependent administration will cost, because it depends on how much work ends up being involved. If the assets are all pretty liquid, it is sometimes not that bad at all. If multiple motions and hearings and accountings are required, and one of the other heirs is distrustful or actively fighting the administrator, it can cost a substancial portion of the estate. Of course, you have the protection of the Court needing to approve the attorney's fees. But you have to pay for the attorney's time in getting the same court approval, so it is a bit of a two edged sword.

Another way to avoid a dependent administration to to have all the heirs agree on a dependent administration, and agree on who should be appointed.

If you have any questions regarding this, or any other legal matter, please contact my office at 936-435-1908 or 281-723-2791 to schedule an appointment. Visiting or reviewing this blog does not creat an attorney- client relationship. Information found here should not be considered legal advice.