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Texas Probate Types: Independent vs Dependent Administration

Find the right probate procedure for your situation

Compare eligibility, timing, court involvement, and local verification points

Independent vs Dependent Administration at a Glance

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CategoryIndependentDependent AdministrationWinner
Court InvolvementIndependent: MinimalDependent: Full supervisionIndependent
Filing Fee$300-$400$300-$400Tie
Timeline3-6 months6-12+ monthsIndependent
Attorney RequiredNo (recommended)Yes (typically required)Independent
Will RequiredYes (or heir agreement)NoTie
Executor ActionsNo court approval neededCourt approval requiredIndependent

Main Texas Probate Options

Small Estate Affidavit

Texas Estates Code §205

Small estates without a will, surviving spouse or minor children

Threshold: Under $75,000 (no will required)

Filing Fee: $300-$400*

Timeline: 30+ days after death

Real Estate: Limited (homestead only)

Attorney: No

Affidavit of Heirship

Texas Estates Code §203

Transferring real property when there is no will

Threshold: No limit (no will, real property)

Filing Fee: $0 (recording fees only)

Timeline: 1-2 weeks

Real Estate: Yes (primary use)

Attorney: Recommended

Muniment of Title

Texas Estates Code §257

Estates with a will and no unpaid debts (except secured)

Threshold: Will required, no unsecured debts

Filing Fee: $300-$400*

Timeline: 1-2 months

Real Estate: Yes

Attorney: Recommended

Independent Administration

Texas Estates Code §401

Most estates with a will, minimal court oversight

Threshold: Will authorizes or heirs agree

Filing Fee: $300-$400*

Timeline: 3-6 months

Real Estate: Yes

Attorney: Recommended

Dependent Administration

Texas Estates Code §351

Disputes, complex estates, or when will requires it

Threshold: Any estate (court-supervised)

Filing Fee: $300-$400*

Timeline: 6-12+ months

Real Estate: Yes

Attorney: Yes (required)

* Unlike California and Florida, Texas filing fees vary by county (typically $250-$450).

Unfamiliar terms in the comparison? The Texas probate glossary defines them in plain language.

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Frequently 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.

Legal Authority: Texas Estates Code. Last Verified: March 2026.

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.