Independent and Dependent Administrations of Estates

The difference between an Independent and Dependent  administration of an estate has to do with how much Court supervision is involved.

Independent Administration

Generally speaking, an independent executor or administrator is required to notify creditors and beneficiaries and to prepare an inventory of the property in the estate. All other tasks including payment of debts and administrative expenses, can be accomplished without permission or approval of the Probate Court.

An Independent administration is most easily provided for in your Will. If the Will refers to your executor as an independent executor or states something to the effect of “ I direct that there be no action in the Probate Court other than the probating and recording of my Will and the return of any required inventory, appraisement and list of claims of my estate.”

Bond Requirement

Separately, the requirement of a bond may be waived in a will.

In probate, a bond is the written promise of an insurance company to pay up to the amount of bond if the executor or administrator fails to properly perform his or her duties. There is of course a fee or premium to be paid by the estate for this bond.

If a Will does not provide for an independent administration, the Court still can create one if all of the beneficiaries agree and sign the required documents. Courts take this very seriously and may require a bond as a condition. Some Courts will not create an independent administration if a minor or other incapacitated person is one of the beneficiaries.

An independent administration is generally less expensive and easier to handle than a dependent administration. The disadvantage is that the executor or administrator has very little court supervision in the administration of the estate.

Dependent Administration

A dependent administration generally requires prior court permission to pay debts, attorney’s fees, to sell property and to distribute estate property to the beneficiaries or heirs.

This of course means more paperwork, delay and attorney’s fees.

Should You Choose an Independent or Dependent Administration?

An important part of estate planning is the selection of an executor, and a selection of independent or dependent administration and whether a bond should be required or waived.

The best choice is for independent administration without bond, however this may not be appropriate in every situation.

Work With Experienced Texas Probate Attorneys

Choosing between an independent and dependent administration can significantly impact the cost, timeline, and complexity of managing an estate. The right approach depends on your unique family situation, the nature of the assets, and your confidence in the person serving as executor. At Hammerle Morris Law Firm, our experienced Texas probate attorneys can help you make informed decisions during the estate planning process—or guide you through an estate administration that is already underway. Schedule a consultation today to ensure your loved one’s estate is handled efficiently, lawfully, and with the care it deserves.