⸺ On this page
1. How it works
2. The three ways to get it
3. The deadline calendar
4. What independent still doesn’t let you skip
5. Independent vs dependent
6. Frequently asked questions
How it works
In a supervised probate state, the representative asks permission for nearly everything: permission to sell the house, permission to pay a claim, permission to distribute. Each request is a motion, a hearing, an order, and a legal bill.
Texas independent administration compresses all of that into one appearance. The court:
- Admits the will to probate and finds it valid,
- Appoints the independent executor and issues letters testamentary, and
- Requires the statutory notices and the inventory (or an affidavit in lieu).
After that, the executor operates under the will and the Estates Code, answerable to the beneficiaries rather than to a judge. If a beneficiary believes the executor is mishandling the estate, they can bring the matter back to court — but the default is autonomy.
Why the cost difference is so large. The expensive part of probate in most states is the repeated court contact. Remove it and what remains is paperwork, deadlines, and a few filings. That is the whole story behind “Texas probate is cheap.”
The three ways to get it
1. The will says so (§ 401.001)
The cleanest route. A properly drafted Texas will states that the executor serves as independent executor, that no action is required in the probate court other than probating the will and filing an inventory or affidavit in lieu, and that no bond is required. If your will does not contain that language, it should — see wills.
2. Will names an executor but is silent (§ 401.002)
The distributees under the will may agree on independent administration and ask the court to appoint the person the will named. Requires agreement from everyone who takes under the will.
3. No will at all (§ 401.003)
All of the distributees of a decedent dying intestate may agree on the advisability of an independent administration and jointly designate a qualified person, firm, or corporation to serve as independent administrator. The court grants the order unless it finds that independent administration would not be in the estate’s best interest.
The unanimity trap. Routes 2 and 3 require every distributee to agree. One sibling who will not sign — whether from genuine disagreement or simply because nobody can find them — pushes the estate into a dependent administration, with bond, court supervision, and annual accountings. In an intestate case the heirs must also be judicially established first through a determination of heirship.
The deadline calendar
Independence is not the absence of rules. These are statutory and they run from your qualification date, not from when you get around to it.
| Deadline | What’s due | Authority |
| Within 1 month of letters | Publish notice to creditors in a newspaper of general circulation in the county | § 308.051 |
| Within 2 months of letters | Notice to each known secured creditor, by qualified delivery method to the record holder’s last known address | § 308.053 |
| Within 60 days of the order admitting the will | Notice to each beneficiary named in the will (with statutory exceptions) | § 308.002 |
| Before the 91st day after qualifying | Inventory, appraisement and list of claims — or an affidavit in lieu | §§ 309.051, 309.056 |
| Optional, any time | Permissive notice to an unsecured creditor; the claim is barred if not presented within 121 days of receipt | § 308.054 |
The affidavit in lieu of inventory is worth asking about. Under § 309.056, an independent executor may file a short affidavit instead of a public inventory when there are no unpaid debts other than secured debts, taxes, and administration expenses, and the beneficiaries have received a verified inventory directly. Your family’s asset list stays out of the county records.
What independent still doesn't let you skip
- You are a fiduciary. Independent does not mean unaccountable. You owe duties of loyalty, care, and impartiality to the beneficiaries, and you can be personally liable for breaching them. See executor duties.
- Creditors still get paid first. Distributing to family before valid claims are handled is the classic way an executor ends up personally on the hook.
- The four-year deadline still applies. Estates Code § 256.003 does not care what kind of administration you were planning.
- Beneficiaries can still sue. They can demand an accounting and bring the estate back into court if you mismanage it.
- You still need a lawyer. An executor represents the estate’s interests, not just their own, so Texas courts require counsel.
Independent vs dependent
| Independent | Dependent | |
| Court approval to sell property | Not required | Required, each time |
| Court approval to pay claims | Not required | Required |
| Bond | Usually waived | Usually required |
| Annual accountings | Not required | Required |
| Relative cost | Much lower | Much higher |
| Typical duration | 6 months – 1 year | Often longer |
| Best when | Family agrees, estate is solvent | Disputes, aggressive creditors, distrust |
The comparison makes the drafting point obvious: the single most valuable sentence in a Texas will is the one appointing an independent executor and waiving bond.
Frequently asked questions
What is independent administration in Texas?
It is a form of probate administration where the court appoints the executor or administrator, admits the will, and then largely steps back. The representative can sell property, pay debts, and distribute the estate without going back to the judge for approval of each transaction. It is authorized by Texas Estates Code Chapter 401 and it is the main reason Texas probate costs far less than probate in states with supervised administration.
Can we have independent administration if there is no will?
Yes. Under Texas Estates Code § 401.003, all of the distributees of an intestate decedent may agree on the advisability of an independent administration and jointly designate a qualified person to serve. The court grants it unless it finds independent administration would not be in the best interest of the estate. The catch is that the heirs must first be established through a proceeding to declare heirship under Chapter 202, and the agreement must be unanimous.
What if the will doesn't say 'independent executor'?
All is not lost. Under § 401.002, where a will names an executor but does not provide for independent administration, the distributees may agree to it and ask the court to appoint the named executor as independent executor. Again, unanimity is required — one holdout beneficiary can force the estate into a dependent administration.
Does an independent executor have to post bond?
Not if the will waives it, which a well-drafted Texas will always does. Where bond is not waived, the court can require it, and bond on a sizable estate is a real annual expense paid from estate funds. In an intestate independent administration created by agreement, the distributees can also agree to waive bond, subject to the court’s discretion.
Does an independent executor have to file an inventory?
An inventory, appraisement and list of claims is due before the 91st day after qualification (§ 309.051). However, § 309.056 lets an independent executor file an affidavit in lieu of inventory instead, if at the time it is due there are no unpaid debts other than secured debts, taxes, and administration expenses, and the beneficiaries have been given a verified inventory. This keeps the estate’s asset list out of the public record, which many families appreciate.
Can an independent executor sell the house without court approval?
Generally yes, if the will grants the power of sale or the sale is necessary to pay debts and expenses — that is the core advantage of independent administration. Title companies will want to see the letters testamentary and the will’s power-of-sale language. We review that language before you list the property, because a will that omits it can complicate the closing.ory, including non-homestead real property, or arithmetic that does not show assets exceeding liabilities.
How is an independent administration closed?
Many Texas independent administrations simply wind down without a formal closing — the representative distributes, and the file goes quiet. A representative who wants finality can file a closing report or affidavit, or seek a judicial discharge. Whether to close formally depends on whether you want a court order protecting you from later claims by beneficiaries.
Written and reviewed by Jireh Davis, J.D., MBA
Attorney and mediator at J. Davis Law & Mediation. Licensed in Texas. Practice focused on estate planning, probate, and business law for families and owners across Harris, Fort Bend, Montgomery, Tarrant, and Dallas Counties.
Last reviewed: September 2026 · Citations are to the Texas Estates Code, Texas Property Code, and federal law as noted.
Related pages
Probate Overview
All five Texas paths and how to choose.
Executor Duties
Your full deadline calendar and fiduciary obligations.
Dependent Administration
What happens when independence isn’t available.