How Probate Works in Texas: Independent Administration

Step by step

1. File the application. The named executor, or another interested person, files in the county court where the person lived, with the original will and a death certificate.
2. Hearing. A judge reviews the will, usually with testimony from a witness unless the will is self-proved. See self-proved wills.
3. Letters testamentary. The court issues letters, the document that proves the executor's authority to banks and buyers. The executor takes an oath and posts bond unless the will waives it.
4. Inventory. The executor lists the estate's assets and their values and files the inventory with the court.
5. Debts and taxes. The executor gives required notices to creditors, pays valid claims, and files final tax returns.
6. Distribution and closing. The executor distributes what remains under the will, and the estate is closed.

What independent administration means

In a dependent administration, the executor needs court approval for many actions. In an independent administration, the court's role is mostly at the beginning and the end. The executor can sell property, pay claims and make distributions without asking the judge for each step. A will can request independent administration, and when the will names an independent executor and the beneficiaries agree, Texas courts usually allow it. It is the default in most Texas estates because it is simpler and less costly than a supervised case.

What goes through probate

Probate covers assets in the decedent's sole name with no beneficiary designation: a house titled in their name, a bank account with no payable-on-death beneficiary, a car, personal property. It does not cover life insurance and retirement accounts with named beneficiaries, property held in a living trust, or property passing by a survivorship agreement or transfer on death deed. See beneficiary designations vs a will.

Shorter paths

If there is a will and the estate has no unpaid debts other than those secured by real estate liens, the court can admit it as a muniment of title without appointing an executor. Small estates may qualify for an affidavit procedure. Both are simpler than a full administration.

When to get help

A probate attorney helps most when there are disputes among heirs, debts that may exceed assets, out-of-state property, a business, or no clear will. Even in a straightforward case, an attorney can reduce the risk of mistakes with deadlines and notices, which are the most common problem for first-time executors.

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