Distinction between independent “executor” and independent “administrator”?

In the case of In re Estate of Gaines, 262 S.W.3d 50 (Tex. App.—Houston [14th Dist.] 2008, no pet. h.), Creditor filed two authenticated unsecured claims with the Independent Executrix.  Independent Executrix rejected the claims and the trial court entered orders recognizing the rejection.  Creditor asserts that this was improper.

The appellate court decided that the order was merely interlocutory and thus the court lacked jurisdiction to decide the issue.  Creditor could still file suit under Texas Probate Code § 313 within 90 days of the rejection to establish her claims.

Comment:  The significant part of the court’s discussion is found in footnote 11.  Id. at 62.  The court decided that Probate Code § 313 was applicable even though this was an independent administration.  The court stated that the Texas Supreme Court case of Bunting v. Pearson, 430 S.W.2d 470, 473 (Tex. 1968), which held that this section did not apply to an independent executor nonetheless would apply to an independent administrator.   This distinction is, in my opinion, highly problematic.  The Bunting court did not make such a distinction and the court cites no authority for its conclusion that Bunting does not apply to an independent administrator.

Moral:  It is possible that Texas Probate Code §§ 309, 310, and 313 still apply to independent administrators although they do not apply to independent executors.