No matter the time, we're here for you. Reach out 24/7!2900 Woodridge Drive, Suite 210, Houston, TX 77087
Home/Practice Areas/Estate Planning & Probate/Probate/Independent and dependent administration
This is the single decision with the largest effect on what an estate costs to administer in Texas.
Probate
The executor acts without court permission: selling property, paying debts, and distributing, with only the will proved, an inventory filed and the estate closed. Faster, cheaper, and the Texas norm.
Every significant act requires an application, a hearing and a court order, plus a bond and annual accountings. Used where beneficiaries are in conflict, an administrator is not trusted, or creditors need protection.
A bond, unless waived. Court approval to sell real property, to continue a business, to pay claims, and often to make distributions. Claims presented and formally allowed or rejected in classified order. Annual accountings and a final accounting, all with attorney involvement at every step. It is a real and appropriate protection when it is needed — and an expensive default when it is not.
Beneficiaries who cannot agree on anything. A person seeking appointment whom the family does not trust. Significant creditor claims or an insolvent estate. Minor or incapacitated beneficiaries with no one to protect their interests. A prior administration that went badly. In those cases the supervision earns its cost.
An independent executor acts without court permission for routine steps. A dependent administrator needs an application, a hearing and an order for almost everything.
Cost and time. Dependent administration multiplies the hearings, the paperwork and the legal fees for the same estate.
Usually because the will says so. Where there is no will or the will is silent, the beneficiaries can agree to it and ask the court to approve.
Often not. If the heirs are established and all agree, independent administration can usually be granted alongside a determination of heirship.
Where beneficiaries cannot agree, where an administrator is not trusted, where there are significant creditor claims, or where minors have no one protecting their interests.
Frequently in dependent administrations, and often waived in independent ones — including by the will itself.
No. An independent executor remains a fiduciary and is accountable to the beneficiaries, who can demand an accounting and seek removal.
Sometimes, with the agreement of the interested parties and the court's approval. It is far easier to start in the right place.
The will, the agreement of the distributees, and ultimately the court. It is one of the first things to address in the application.
Yes — the will is proved, notices go out, and an inventory or affidavit is filed. It is the ongoing permission that goes away, not the accountability.
Free Consultation
Available 24/7 · Office hours Monday to Friday, 9:00 AM – 5:00 PM
