Texas Probate Types: Independent vs Dependent Administration
Find the right probate procedure for your situation
Compare eligibility, timing, court involvement, and local verification points
Simplified vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Court Involvement | Independent: Minimal | Dependent: Full supervision | Summary |
| Filing Fee | $300-$400 | $300-$400 | Tie |
| Timeline | 3-6 months | 6-12+ months | Summary |
| Attorney Required | No (recommended) | Yes (typically required) | Summary |
| Will Required | Yes (or heir agreement) | No | Tie |
| Executor Actions | No court approval needed | Court approval required | Summary |
Main Texas Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Small Estate Affidavit Texas Estates Code §205 | Under $75,000 (no will required) | $300-$400* | 30+ days after death | Limited (homestead only) | No |
Affidavit of Heirship Texas Estates Code §203 | No limit (no will, real property) | $0 (recording fees only) | 1-2 weeks | Yes (primary use) | Recommended |
Muniment of Title Texas Estates Code §257 | Will required, no unsecured debts | $300-$400* | 1-2 months | Yes | Recommended |
Independent Administration Texas Estates Code §401 | Will authorizes or heirs agree | $300-$400* | 3-6 months | Yes | Recommended |
Dependent Administration Texas Estates Code §351 | Any estate (court-supervised) | $300-$400* | 6-12+ months | Yes | Yes (required) |
* Unlike California and Florida, Texas filing fees vary by county (typically $250-$450).
Side-by-Side Comparison
Small Estate Affidavit
Texas Estates Code §205
Small estates without a will, surviving spouse or minor children
Affidavit of Heirship
Texas Estates Code §203
Transferring real property when there is no will
Muniment of Title
Texas Estates Code §257
Estates with a will and no unpaid debts (except secured)
Independent Administration
Texas Estates Code §401
Most estates with a will, minimal court oversight
Dependent Administration
Texas Estates Code §351
Disputes, complex estates, or when will requires it
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Take the Texas AssessmentFrequently Asked Questions
What is Muniment of Title in Texas?
Muniment of Title is a simplified Texas probate procedure for estates with a valid will and no unsecured debts. The court validates the will and it becomes a "muniment" (proof) of title for transferring property. No executor is appointed and there is minimal court oversight.
What is the difference between Independent and Dependent Administration?
Independent Administration requires minimal court supervision - the executor can act without court approval for most matters. Dependent Administration requires court approval for every significant action. Most Texas wills authorize Independent Administration.
Can I use Small Estate Affidavit if there is a will?
No. The Texas Small Estate Affidavit is specifically for intestate estates (no will). If there is a valid will, consider Muniment of Title or Independent Administration instead.
What is the deadline to probate a will in Texas?
Texas has a 4-year deadline to probate a will. After 4 years, the will cannot be admitted to probate as a Muniment of Title, though it may still be probated for other purposes with additional requirements.
Do I need an attorney for Texas probate?
Texas does not require an attorney for most probate types, but one is recommended for anything beyond a Small Estate Affidavit. Dependent Administration does require attorney representation in most courts.
Is Texas a community property state?
Yes. Texas is one of 9 community property states. Property acquired during marriage is generally owned 50/50 by both spouses. The surviving spouse already owns their half and only the deceased spouse's half goes through probate.
Important: Filing fees shown are typical ranges. Texas probate fees vary by county. Contact your county clerk for exact fees before filing.
Sources & Verification
Legal Authority: Texas Estates Code
Last Verified: March 2026
Unlike California and Florida, Texas filing fees vary by county (typically $250-$450).
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.