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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| Category | Independent | Dependent Administration | Winner |
|---|---|---|---|
| Court Involvement | Independent: Minimal | Dependent: Full supervision | Independent |
| Filing Fee | $300-$400 | $300-$400 | Tie |
| Timeline | 3-6 months | 6-12+ months | Independent |
| Attorney Required | No (recommended) | Yes (typically required) | Independent |
| Will Required | Yes (or heir agreement) | No | Tie |
| Executor Actions | No court approval needed | Court approval required | Independent |
Court Involvement
IndependentIndependent: Independent: Minimal
Dependent Administration: Dependent: Full supervision
Filing Fee
TieIndependent: $300-$400
Dependent Administration: $300-$400
Timeline
IndependentIndependent: 3-6 months
Dependent Administration: 6-12+ months
Attorney Required
IndependentIndependent: No (recommended)
Dependent Administration: Yes (typically required)
Will Required
TieIndependent: Yes (or heir agreement)
Dependent Administration: No
Executor Actions
IndependentIndependent: No court approval needed
Dependent Administration: Court approval required
Main Texas Probate Options
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| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Small Estate Affidavit Texas Estates Code §205 | Under $75,000 (no will required) | $300-$400* | 30+ days after death | Limited (homestead only) | No | Small estates without a will, surviving spouse or minor children |
Affidavit of Heirship Texas Estates Code §203 | No limit (no will, real property) | $0 (recording fees only) | 1-2 weeks | Yes (primary use) | Recommended | Transferring real property when there is no will |
Muniment of Title Texas Estates Code §257 | Will required, no unsecured debts | $300-$400* | 1-2 months | Yes | Recommended | Estates with a will and no unpaid debts (except secured) |
Independent Administration Texas Estates Code §401 | Will authorizes or heirs agree | $300-$400* | 3-6 months | Yes | Recommended | Most estates with a will, minimal court oversight |
Dependent Administration Texas Estates Code §351 | Any estate (court-supervised) | $300-$400* | 6-12+ months | Yes | Yes (required) | Disputes, complex estates, or when will requires it |
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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