Probate With Dependent Administration in Austin, TX

Court-Supervised Probate for Austin Estates

Sometimes an estate can’t be settled with a simple court order or an independent executor. In probate with dependent administration, the court supervises the estate from start to finish. The personal representative usually posts a bond, and paying claims, selling property and distributing the estate all need the judge’s approval. It takes longer and costs more, but it protects everyone when the family can’t agree, the estate is short on money, or the will requires it.

Reviewed by Turner Henington, attorney, Texas Bar No. 24148206 · Updated November 2026

When Is Dependent Administration Used?

• The will requires it. A will can say that no independent administration is allowed (Tex. Est. Code § 401.001(b)).
• The distributees can’t agree. If the will doesn’t create an independent administration, or there is no will, independent administration needs every distributee’s agreement (§§ 401.002–401.003). One holdout means dependent administration.
• The estate may not be able to pay its debts. Court supervision makes sure creditors are paid in the order the law requires.
• There is serious conflict or distrust. Court approval of each major decision protects the representative and gives the beneficiaries a say.
• A beneficiary is a minor or incapacitated. This can make the agreement needed for independent administration harder to get.

What the Court Supervises

Benefits and Drawbacks

How We Help

We usually represent the personal representative: we prepare the application and bond, the inventory, claim decisions, applications to sell property, annual accounts and the final account, and appear at each hearing. We also represent beneficiaries and creditors who need a voice in a dependent administration, and we can tell you early whether an independent administration is still possible, which can save the estate a great deal of time and money.

How Long and How Much?

Dependent administration often takes a year or more, and contested or insolvent estates can take longer. It is the most expensive kind of probate because of the bond, the extra filings and the hearings. Probate with independent administration costs less, and title probate costs the least. We give you a written quote after the free case review.

Where the Case Is Filed

Probate is filed in the county where the person lived when they died. We handle cases in:

• Travis County: Travis County Probate Court No. 1 and No. 2 in Austin. See our Travis County probate attorney page.
• Williamson County: filed with the County Clerk in Georgetown and heard by the county courts at law. See Williamson County probate.
• Hays County: filed in San Marcos and heard by the county courts at law. See Hays County probate.

Many hearings are short, and family members who live out of town can often handle much of the process with us by phone, video and mail.

Why Families Choose Henington Lewis

• Both attorneys handle probate. Turner Henington and Samantha Lewis handle probates, heirship cases and executor problems, and Samantha handles estate disputes if a disagreement comes up.
• A written quote before anything is filed. After a free case review, we tell you which kind of probate fits and give you a written flat-fee quote.
• Tax background. Turner is a former KPMG tax accountant, which helps with an estate’s final income tax returns and any estate tax questions.
• You work with your attorney. You talk to the lawyer handling your case, not a call center.

Get a Free Probate Case Review

Tell us a little about the situation and an attorney will contact you as soon as possible. There is no cost and no obligation. You can also call (512) 737-8404.

What Our Clients Say

Dependent Administration FAQ

What is the difference between dependent and independent administration?

In independent administration, the executor acts without court approval for each step. In dependent administration, the court supervises the estate and approves major actions such as paying claims, selling property and closing the estate.

Why would an estate need dependent administration?

Usually because the will requires it, the distributees can’t all agree to independent administration, the estate may not be able to pay its debts, or there is serious conflict in the family.

Does the personal representative need a bond?

Generally yes in a dependent administration, unless an exception applies. The bond protects the estate if the representative mishandles it, and a premium is usually owed each year.

Do we need court approval to sell the house?

Generally yes. In a dependent administration, estate property can’t be sold without a court order, and the sale is usually reported to and confirmed by the court.

How long does dependent administration take?

Often a year or more. The annual account requirement applies for each year the estate stays open.

Can we avoid dependent administration?

Often. If the will allows it or all the distributees agree, independent administration is usually faster and less expensive. We check this first.

Other Types of Probate We Handle

• Title probate (muniment of title)
• Probate with independent administration
• Small estate affidavit
• Heirship (no will)
• Probating a will after 4 years
• Austin probate attorney: all probate services
• Contested probate and will contests

Related Guides

• Executor Duties in Texas: A Step-by-Step Checklist
• Letters Testamentary in Texas: How to Get Them
• Independent vs. Dependent Administration in Texas Probate
• The Probate Process in Texas
• Can You Sue an Executor for Breach of Fiduciary Duty?
• Austin probate litigation lawyer
• How Much Does Probate Cost in Texas?

Sources and Texas Law Cited

• Tex. Est. Code § 305.101 (bond)
• Tex. Est. Code § 308.051 (notice to creditors)
• Tex. Est. Code § 309.051 (inventory)
• Tex. Est. Code chapter 355 (claims)
• Tex. Est. Code § 356.001 (court order to sell)
• Tex. Est. Code § 359.001 (annual account)
• Tex. Est. Code chapter 362 (closing)
• Tex. Est. Code § 401.001 (will may prohibit independent administration)

This page is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship.