What independent administration means for a Texas estate

When families hear "probate," they often picture years of hearings. In Texas, most estates go through independent administration, which keeps court involvement to a minimum.

The short version

After a single hearing, the court appoints the executor and then largely steps back. The executor can pay debts, sell property, and distribute assets without asking the judge's permission for each step.

The steps

1. File the application. The will and an application for probate are filed with the county court. Texas generally requires this within four years of death.
2. Attend the hearing. Usually brief. The executor confirms the will is valid and agrees to serve.
3. Notify creditors. Notice is published in a local newspaper, and certain creditors receive direct notice.
4. Inventory the estate. Within 90 days, the executor files an inventory of the estate's property — or, in many cases, an affidavit in lieu of inventory.
5. Pay debts and distribute. Once valid claims are paid, the remaining property goes to the beneficiaries named in the will.

When it is not available

Independent administration usually requires that the will allows it, or that all heirs agree. If there is a dispute, the court may require dependent administration, which means more supervision and more cost.

A short planning conversation now — making sure your will authorizes independent administration — can save your family a great deal later.