Probate With Independent Administration in Austin, TX

Independent Administration for Austin Estates

Most Texas estates that need an executor are settled through probate with independent administration. The court admits the will, appoints the executor and issues letters testamentary. From then on, the independent executor collects the assets, pays the bills and distributes the estate without going back to the judge for permission at every step. We guide executors through each deadline and handle the court filings.

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

When Is Independent Administration Available?

• The will calls for it. A will can say that nothing more should happen in court than probating the will and filing the inventory (Tex. Est. Code § 401.001). Most modern Texas wills, including the wills we write, do.
• The will names an executor but doesn’t say “independent.” All of the distributees can agree to have the named executor serve independently (§ 401.002).
• There is no will. All of the heirs can agree on an independent administrator, but the court must first determine who the heirs are in a heirship proceeding (§ 401.003). We usually ask for both in the same case. See proving heirship.

It is not available if the will forbids it, or if the distributees can’t all agree when agreement is required. Then the estate goes through Probate with dependent administration.

What an Independent Executor Has to Do

If the will does not give the executor a power to sell real estate, the distributees can agree to grant one (§ 401.006).

Why Most Families Prefer Independent Administration

• Faster. The executor doesn’t wait for court approval to pay a bill or sell a house.
• Less expensive. Fewer hearings and filings mean lower attorney’s fees and court costs, and a bond is often waived.
• Still accountable. The executor owes fiduciary duties to the beneficiaries, who can demand an accounting and, if needed, ask the court to remove an executor or sue for breach of fiduciary duty.

How the Process Works With Our Firm

1. Free case review. We review the will, the family and the assets and confirm independent administration is available.
2. Application and hearing. We file the application. After the notice period, the executor attends a short hearing, the judge admits the will, and the executor takes the oath.
3. Letters testamentary. The clerk issues letters, which the executor uses with banks, brokerages, title companies and government agencies.
4. Notices and inventory. We prepare the beneficiary notices, the creditor notice and the inventory or affidavit in lieu of inventory, and track every deadline.
5. Debts, taxes and assets. We help the executor handle claims, final income tax returns, the estate’s own tax returns and any real estate sale.
6. Distribution and closing. We prepare the receipts, releases and deeds that move property to the beneficiaries, and close the estate.

How Long and How Much?

Independent administration often takes about 6 to 12 months. Selling real estate, filing tax returns or a disagreement among beneficiaries can stretch it. It costs more than title probate but much less than Probate with dependent administration. We give you a written flat-fee quote after the free case review. See how much probate costs in Texas.

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

Independent Administration FAQ

What does “independent” mean in Texas probate?

It means the executor manages and distributes the estate without needing the court’s approval for each step. The court still admits the will, appoints the executor and receives the inventory.

Does an independent executor need a bond?

Usually not when the will waives bond, which most do. In other cases the court may require one, and the distributees can sometimes agree to waive it.

Can an independent executor sell the house without court approval?

Usually yes. Most wills give the executor a power of sale. If the will does not, the distributees can agree to grant one, and the law allows sales in some other situations, such as to pay debts.

How long does independent administration take?

Often about 6 to 12 months. Estates with real estate to sell, tax returns or disagreements can take longer.

Can there be independent administration without a will?

Yes. All of the heirs can agree on an independent administrator, but the court must first determine the heirs in a heirship proceeding. We usually request both in the same case.

What if the executor isn’t doing their job?

Beneficiaries can demand an accounting, ask the court to remove the executor, or sue for breach of fiduciary duty. Samantha Lewis handles these disputes.

Other Types of Probate We Handle

• Title probate (muniment of title)
• Probate with dependent 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

• Letters Testamentary in Texas: How to Get Them
• Executor Duties in Texas: A Step-by-Step Checklist
• Independent vs. Dependent Administration in Texas Probate
• The Probate Process in Texas
• Probate Hearing in Texas: What Happens
• What If the Executor Does Not Probate the Will?
• Bank Accounts After Death in Texas
• How Much Does Probate Cost in Texas?

Sources and Texas Law Cited

• Tex. Est. Code chapter 401 (creation of independent administration)
• Tex. Est. Code chapter 308 (notice to beneficiaries and creditors)
• Tex. Est. Code chapter 309 (inventory, appraisement and list of claims)
• Tex. Est. Code chapter 402 (powers of independent executors)
• Tex. Est. Code chapter 405 (accounting, distribution and closing)
• Tex. Est. Code § 301.002 (four-year period for letters)

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