Houston Estate Planning and Elder Law Attorney Blog
When a Texas probate court appoints an executor or administrator to manage a decedent’s estate, one of the most consequential decisions is whether the administration will be independent or dependent. Independent administration under Texas Estates Code § 401.001 et seq. gives the executor broad authority to act without prior court approval for most actions, while dependent administration requires the court to authorize nearly every step. The difference has a direct impact on cost, timeline, and the executor’s workload.
McCulloch & Miller, PLLC helps families in Austin, Houston, and across the greater Texas metro areas understand which form of administration applies to their estate — and how to pursue the most efficient path. The firm’s probate attorneys have handled both independent and dependent administrations in Travis County, Harris County, and surrounding courts for over 35 years.
What Is Independent Administration in Texas?
Independent administration is a streamlined form of probate that allows the executor to manage and distribute estate assets without seeking prior court approval for each action. It is the most common — and most preferred — form of probate administration in Texas, particularly in Travis County and Harris County.
Under independent administration, the executor can sell real property, pay debts, distribute assets to beneficiaries, and handle the estate’s financial affairs without filing motions or waiting for court orders. The executor still has a fiduciary duty to act in the best interest of the beneficiaries and must comply with the terms of the will and the Texas Estates Code, but the process moves faster and costs less because court involvement is minimal.
McCulloch & Miller, PLLC has guided Austin and Houston families through independent administration proceedings for more than three decades. The firm’s approach combines legal knowledge with the financial acumen of founding partner Thomas McCulloch, who holds dual credentials as a JD and CPA — an advantage when estates involve complex tax or accounting issues.
How Does an Estate Qualify for Independent Administration?
There are two primary ways an estate qualifies for independent administration in Texas. The most common is through the will itself. If the will expressly grants the executor the power of independent administration — or uses language to that effect — the court will generally honor that directive.
If the will does not include independent administration language, or if the decedent died without a will, the heirs can still request independent administration by unanimous agreement. Under Texas Estates Code § 401.002, all distributees of the estate must consent in writing for the court to grant independent administration when the will is silent or nonexistent. If even one heir objects, the estate may be relegated to dependent administration.
This is one reason estate planning attorneys in Texas consistently recommend including independent administration language in every will. It is a simple provision that can save the estate thousands of dollars and months of delay.
What Is Dependent Administration?
Dependent administration places the estate under close court supervision. The executor — called an “administrator” in dependent proceedings — must obtain court approval before taking most actions, including selling property, paying debts, and making distributions to beneficiaries.
Texas courts require dependent administration when the will does not authorize independent administration and the heirs cannot unanimously agree to it. Dependent administration also arises when the court determines that closer oversight is needed — for example, when there are allegations of executor misconduct, disputes among beneficiaries, or concerns about the estate’s solvency.
The procedural requirements of dependent administration are substantial. The administrator must file an inventory and appraisement with the court, provide annual accountings, and seek court approval for significant transactions. Each of these steps involves attorney time, court filings, and often additional hearings — all of which increase the estate’s expenses and extend the timeline.
How Do the Costs Compare?
Independent administration is almost always less expensive than dependent administration. The reduced court involvement means fewer filings, fewer hearings, and less attorney time devoted to obtaining permissions that the executor would otherwise handle on their own authority.
| Factor | Independent Administration | Dependent Administration |
|---|---|---|
| Court Approval Required | Rarely | For most actions |
| Inventory Filing | Required but not court-supervised | Court-supervised with appraisement |
| Annual Accountings | Not required | Required |
| Typical Attorney Fees | Lower | Significantly higher |
| Timeline | Shorter | Longer — often 12+ months |
| Executor Flexibility | High | Limited |
For Austin and Houston families, the practical takeaway is clear: independent administration should be the goal whenever the estate qualifies. A probate attorney with financial sector experience can evaluate the estate and recommend the most efficient path based on the will’s language, the heirs’ positions, and the nature of the assets involved.
What If the Heirs Disagree?
When the will does not authorize independent administration and the heirs cannot reach unanimous agreement, dependent administration is the default. However, this is not always the final answer. In some cases, negotiation among the heirs — facilitated by their respective attorneys — can resolve the disagreement and produce the consent needed for independent administration.
If agreement is not possible, the estate proceeds under dependent administration with all of its additional costs and procedural requirements. This is another scenario where early legal guidance can make a meaningful difference. Addressing potential disputes before they escalate can preserve the option for independent administration and save the estate significant time and money.
Frequently Asked Questions
Can an independent executor be removed in Texas?
Yes. Under the Texas Estates Code, an interested party can petition the court to remove an independent executor for cause, such as mismanagement of estate assets, failure to comply with the will’s terms, or failure to file required reports. The court has discretion to remove the executor and appoint a successor.
Does independent administration mean no court involvement at all?
Not entirely. The court must still admit the will to probate, appoint the executor, and issue Letters Testamentary. The executor must also file an inventory of the estate’s assets. However, the executor does not need court approval for routine actions like selling property or distributing assets.
Can I change from dependent to independent administration?
In some cases, yes. If all distributees of the estate agree, they can petition the court to convert a dependent administration to an independent one under Texas Estates Code § 401.002. This requires unanimous written consent from all heirs.
Talk to a Texas Probate Attorney
Whether an estate qualifies for independent or dependent administration depends on the will’s language, the heirs’ agreement, and the complexity of the estate’s assets. The attorneys at McCulloch & Miller, PLLC can review the will, assess the estate, and guide the administration through the most efficient process available. The firm serves families in Austin, Houston, and throughout Texas with flat fee options and over 35 years of probate experience.
Call (713) 333-8900 or schedule a consultation online to discuss your situation.
This article is for informational purposes only and does not constitute legal advice. Every situation is different — consult with a qualified attorney to discuss your specific circumstances.