Estate planning
Independent administration in Texas
Updated June 11, 2026
Independent administration lets an executor settle an estate with limited court supervision. After the court appoints the executor, most tasks, such as selling property, paying debts, and distributing assets, can be done without separate court approval. Most Texas estates with a will are administered this way.
When it's available
- With a will: most Texas wills name an independent executor or ask that the estate be independently administered, often without bond.
- Without a will, or when the will doesn't provide for it: independent administration is often still possible if all the people entitled to the estate agree and the court approves.
When we represent an executor, our client is the executor in that role, not the individual beneficiaries.
The steps
1. Application
The process begins with an application to probate the will and for letters testamentary, filed in the county where the person lived. The original will is filed with the application.
2. Notice and hearing
The court clerk posts notice of the application for at least 10 days before a hearing can be held. In Travis County, the hearing is typically about 3 to 6 weeks after filing. At the hearing, the applicant testifies about the death, the will, and the executor's qualifications. If the will has a self-proving affidavit, the witnesses to the will don't need to testify. The court then signs an order admitting the will and appointing the executor.
3. Oath and letters testamentary
Within 20 days after the order, the executor takes an oath and posts a bond if one is required. The clerk then issues letters testamentary. Certified copies of the letters show banks, title companies, and others that the executor has authority to act for the estate.
4. Notices
- Beneficiaries: within 60 days after the will is admitted to probate, the executor notifies each beneficiary, and within 90 days files an affidavit or certificate with the court confirming the notices were sent.
- Creditors: within one month after receiving letters, the executor publishes a notice to creditors in a local newspaper. Secured creditors and, in some cases, the Texas Comptroller receive separate notice.
5. Inventory
Within 90 days after qualifying, the executor files an inventory, appraisement, and list of claims showing the estate's assets and their values on the date of death. In some estates, an affidavit can be filed instead, which keeps the details of the estate out of the public record.
6. Managing the estate and paying debts
The executor collects and protects the assets, opens an estate bank account, and keeps estate money separate from personal money. Valid debts are paid in the order of priority set by Texas law. The executor also arranges for the person's final income tax returns and any estate income tax returns. Federal estate tax applies only to very large estates.
7. Distribution and closing
After debts and expenses are paid, the executor distributes the remaining property according to the will and obtains receipts from the beneficiaries. Beneficiaries can generally request an accounting once 15 months have passed since letters were first issued. The executor can file a closing report or notice of closing with the court, although it isn't always required.
How long it takes
An uncontested independent administration usually takes 6 to 12 months to wrap up. Estates that need to sell a house, resolve a creditor's claim, or file tax returns often take longer. See how long things take.
The executor's responsibilities
An executor is a fiduciary who must act in the interests of the estate and its beneficiaries, keep careful records, avoid mixing estate money with personal money, and treat beneficiaries fairly. An executor who mismanages an estate can be personally liable, which is one reason many executors work with an attorney.
Cost with us
Independent administration with a will typically costs $4,500–$7,500 as a flat fee for an uncontested estate. When there's no will and the heirs must first be determined, heirship and administration together typically cost $6,000–$10,000, plus the attorney ad litem's fee. Court costs are billed separately. See our estate-planning fee schedule.
This is general information, not legal advice.