Texas Estates Code · Chapter 401
Independent Administration
Independent administration is the streamlined form of Texas probate the courts use in the large majority of Harris County estates. Once the will is admitted and an inventory filed, the executor settles the estate without asking the judge for permission at every step. Below is the actual statute, in plain English, a checker to see whether an estate qualifies, and how it plays out in the Harris County probate courts.
What it is
Probate with minimal court supervision after the will is admitted and an inventory filed.
Who can use it
A will that authorizes it, or an estate where all distributees or heirs agree.
No will?
Still available if all heirs agree, after a proceeding to declare heirship (Ch. 202).
Where you file
The Harris County Clerk, 201 Caroline St, assigned to one of five probate courts.
Does This Estate Qualify for Independent Administration?
Answer two or three questions to see which path under Chapter 401 fits, and what the Harris County court will need. This is general information, not legal advice about your specific estate.
Did the person leave a valid will?
Logic follows Tex. Est. Code §§ 401.001–401.003 and § 401.005. Read the text of each below.
What Independent Administration Is, and Why Texas Uses It So Often
Texas gives families two ways to administer a probate estate: independent administration and dependent administration. The difference is how closely the probate court watches the person in charge. In a dependent administration, the court supervises almost every move, and the administrator has to ask permission, often with a written motion and a hearing, before paying a debt, selling a house, or distributing anything. In an independent administration, the court steps back after the opening steps and lets the executor get on with settling the estate.
That is why independent administration is the path used in the large majority of Texas estates. Once the will is admitted and the executor qualifies, the only things the court ordinarily requires are the return of an inventory (or an affidavit in lieu of one) and, in an intestate estate, a determination of who the heirs are. After that, the independent executor pays valid debts, deals with the assets, and distributes what is left, all without returning to the judge for an order at each step. Less court time means lower cost and a faster path to closing.
The phrase to look for in a will is the one the statute describes in Section 401.001: language directing that no other action be had in the probate court beyond admitting the will and returning an inventory. When a will contains that language, or names an independent executor, independent administration is built in. When it does not, Texas still lets the family create one by agreement, which is what the rest of Chapter 401 is about.
Independent vs. Dependent Administration
| Feature | Independent administration | Dependent administration |
|---|---|---|
| Court supervision | Minimal after the opening steps | Court approves almost every action |
| Selling estate property | Executor sells under the will or a granted power of sale | Requires a motion, a hearing, and a court order |
| Paying debts | Executor evaluates and pays valid claims | Court-supervised claims process |
| Ongoing accountings | Generally none required | Annual accountings to the court |
| Bond | Often waived | Usually required |
| Typical cost | Lower | Higher |
| Typical timeline, uncontested | About 6 to 12 months | Longer |
| When it is used | The default for most estates | Disputes, uncooperative heirs, or heavy creditor issues |
For most Harris County families, independent administration is both available and preferable. Dependent administration is not a failure; it is the right tool when heirs cannot agree, when a will forbids independent administration, or when a contested estate needs a judge watching the money. Part of what a probate attorney does at the outset is tell you honestly which one your situation calls for.
How Independent Administration Works in the Harris County Probate Courts
Chapter 401 is state law, but you do not file it with "Texas." You file it in Harris County, where five dedicated statutory probate courts hear these cases. Here is what the statute looks like on the ground downtown:
- Where it is filed. The application goes to the Harris County Clerk at 201 Caroline Street and is assigned to one of Probate Courts No. 1 through 5. Texas requires electronic filing, so the application, the will, and the distributee consents are e-filed.
- The distributee consents (Sections 401.002 and 401.003). When the will does not already grant independent administration, every distributee has to be served or waive service and consent in writing. Getting those signatures lined up before filing is what keeps a Harris County case moving instead of stalling for a corrected citation.
- The heirship step for intestate estates (Section 401.003(b)). With no will, the court cannot appoint an independent administrator until it has determined the heirs through a proceeding to declare heirship under Chapter 202, which in Harris County means an application, service on the heirs, and an attorney ad litem appointed to represent any unknown heirs.
- The order and the power of sale (Section 401.006). If an inherited house has to be sold and the will did not grant a power of sale, the distributees consent to that power in the application so the judge writes it into the order granting independent administration. That single step is what lets the executor sell cleanly later.
- Bond (Section 401.005). Harris County judges require a bond by default. It is waived by will language or by the distributees' agreement, which is why buttoned-up consents matter.
The practical takeaway
Independent administration is cheaper and faster, but only if the paperwork that creates it is right the first time. If you want it handled, our independent administration practice covers the application, the heirship proceeding where one is needed, and closing the estate, on a flat fee agreed before we start.
What an Independent Executor Can Do, and Must Do
Independent administration hands real authority to one person, so Texas pairs that authority with real duties. Understanding both sides is the difference between an executor who closes an estate smoothly and one who creates problems for the beneficiaries and for themselves.
Can do, generally without a court order
- Take control of the estate’s assets and manage them during administration.
- Pay the decedent’s valid debts and the expenses of administration.
- Sell estate property when the will grants a power of sale, or the order granting independent administration includes one under Section 401.006.
- Distribute what remains to the beneficiaries or heirs and close the estate.
Must do
- Qualify by taking the oath and, unless bond is waived, posting bond.
- File an inventory, appraisement, and list of claims within 90 days of qualifying, or file an affidavit in lieu of inventory (Section 309.056) when the estate has no unpaid debts other than secured debts, taxes, and administration expenses.
- Give the notices Texas requires to beneficiaries and to creditors.
- Act as a fiduciary, in the estate’s interest and not their own, and keep records.
Missing the 90-day inventory deadline is one of the most common ways an otherwise smooth independent administration goes sideways. The court can order the executor to show cause, remove them, and impose a fine. It is an avoidable problem, and it is exactly the kind of deadline a probate attorney tracks so you never have to think about it.
How Long Independent Administration Takes in Harris County, and What It Costs
For an uncontested estate, an independent administration in Harris County typically runs about six to twelve months from filing to closing, though a simple estate can move faster and a complicated one takes longer. Much of the calendar is driven by statutory waiting periods and by how quickly assets can be gathered and debts resolved, not by court backlog.
On cost, there are two separate buckets. The court’s own charges are modest: the Harris County Clerk’s filing fee for a probate application is currently around $298, and certified Letters Testamentary cost a couple of dollars each, though the County Clerk sets these fees and can change them. The larger number is attorney’s fees. For uncontested matters we quote a flat fee agreed before any work begins, so you know the full cost of the probate up front rather than watching an hourly meter.
The Statute: Texas Estates Code Chapter 401
Chapter 401, Subtitle I, on the creation of an independent administration. The text below is the operative language, public record, with a plain-English note under each section. The complete official version is on the Texas Legislature site.
Sec. 401.001. Expression of Testator's Intent in Will
(a) Any person capable of making a will may provide in the person’s will that no other action shall be had in the probate court in relation to the settlement of the person’s estate than the probating and recording of the will and the return of any required inventory, appraisement, and list of claims of the person’s estate.
(b) Any person capable of making a will may provide in the person’s will that no independent administration of his or her estate may be allowed. In such case the person’s estate, if administered, shall be administered and settled under the direction of the probate court as other estates are required to be settled and not as an independent administration.
A will is where independent administration usually begins. If the will names an executor and says the court should take no other action beyond admitting the will and receiving an inventory, independent administration is automatic. A will can also do the opposite and expressly bar it, which forces a court-supervised dependent administration instead. Two sentences in the will decide how much court involvement the entire estate will carry.
Sec. 401.002. Creation in Testate Estate by Agreement
(a) If a decedent’s will names an executor but the will does not provide for independent administration, all of the distributees of the decedent may agree on the advisability of having an independent administration and collectively designate in the application for probate, or in one or more separate consent documents, the executor named in the will to serve as independent executor. In such case the probate court shall enter an order granting independent administration and appointing that person as independent executor, unless the court finds that it would not be in the best interest of the estate to do so.
(b) Where no executor is named in the will, or each named executor is deceased, disqualified, or unable or unwilling to serve, all of the distributees may agree and collectively designate a qualified person, firm, or corporation to serve as independent administrator, and the court shall grant independent administration unless it finds doing so would not be in the estate’s best interest.
This is the rescue provision for a will that names an executor but never mentions independent administration, which is common in older or do-it-yourself wills. The family is not stuck with dependent administration: if every distributee agrees, they can jointly ask the court to let the named executor serve independently. Subsection (b) covers the case where the will has no usable executor, and lets the distributees nominate a qualified administrator instead.
Sec. 401.003. Creation in Intestate Estate by Agreement
(a) All of the distributees of a decedent dying intestate may agree on the advisability of having an independent administration and collectively designate a qualified person, firm, or corporation to serve as independent administrator. In such case the probate court shall enter an order granting independent administration and appointing the designated independent administrator, unless the court finds that it would not be in the best interest of the estate to do so.
(b) The court may not appoint an independent administrator in an intestate administration unless and until the parties seeking appointment have been determined, through a proceeding to declare heirship under Chapter 202, to constitute all of the decedent’s heirs.
No will does not close the door on independent administration. If all the heirs agree, they can still ask for it, but there is a gate first: because no will names who inherits, the court has to formally determine the heirs through a proceeding to declare heirship under Chapter 202 before it will appoint the independent administrator. That heirship step is the main reason an intestate independent administration takes longer than a testate one.
Sec. 401.005. Bond; Waiver of Bond
(a) Unless the probate court waives bond on application, the independent executor shall be required to enter into a bond payable to and approved by the judge in a sum found adequate under all circumstances.
(a-1) If the will does not already excuse bond, the court may waive the bond requirement if all of the distributees agree to the waiver in the application for probate or in one or more separate consent documents, unless the court finds a waiver would not be in the estate’s best interest.
A bond is the estate’s insurance against a representative who mishandles it, so Texas requires one by default. It gets waived in one of two ways: the will excuses it, or, when the administration is created by agreement, the distributees waive it in the same consent documents. Most well-drafted wills and most agreed administrations waive bond, but do not assume it, because an unwaived bond has to be purchased before Letters issue.
Sec. 401.006. Granting Power of Sale by Agreement
Where a decedent has no will, or the will does not adequately authorize the personal representative to sell property, the court may include in the order appointing an independent executor any general or specific power of sale consented to by the distributees who are to receive an interest in the property. The independent executor may then sell the property under that authority without further consent of those distributees.
This is the section that makes selling an inherited house clean. If the will did not grant a power of sale, or there is no will, the executor would otherwise have limited authority to sell. Section 401.006 lets the distributees consent to a power of sale in the application, so the judge writes that authority into the order granting independent administration. After that, the executor sells without going back to each distributee for permission. For families whose main asset is a house, this one paragraph is often the difference between a smooth sale and a stalled one.
Sec. 401.008. Person Declining to Serve
A person who declines to serve or resigns as independent executor may still be appointed as executor or administrator of the estate if the estate will instead be administered and settled under the direction of the court.
Declining the independent role is not a permanent exit. A person who turns down or resigns as independent executor can still be appointed to serve in a court-supervised administration of the same estate, which gives families a fallback when the independent path does not work out.
Also in Chapter 401, summarized here for length
- Sec. 401.004. Means of Establishing Distributee Consent (citation, guardians, trusts, life estates). See the official text.
- Sec. 401.007. No Liability of Judge. See the official text.
Source: Texas Estates Code, Chapter 401, published by the Texas Legislative Council at statutes.capitol.texas.gov. Statutory text is in the public domain. The plain-English notes, Harris County guidance, and eligibility checker are original and © Houston Probate Attorney.
Independent Administration Questions
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