Estate Planning and Probate
What is an independent executor?

Texas law provides for independent administration when there is a valid will that specifically provides for independent administration by naming an independent executor.  After an independent executor is approved by the court and an inventory of estate assets is filed and approved by the court, the independent executor can simply take care of the administration of the estate without any further court involvement or supervision.  The independent administration frees the executor from many of the costly, time consuming requirements of the dependent administration, allowing the executor to manage most of the affairs of the estate. 

The independent executor or administrator is free to settle with creditors, set aside the homestead and other exempt property, manage the property of the estate, sell assets for payment of debts or taxes, and distribute the remaining

estate to those entitled to it. Thus, independent administration avoids the costs and delays associated with a court-supervised dependent administration in which the administrator must seek court approval before doing any of these acts.

Conversely, a dependent administration is performed under court supervision.   A dependent administration can be very lengthy and expensive.  A will can obviate the necessity for a dependent administration by appointing an independent executor or by saying the will can be administrated without court control.  An attorney should be consulted to make certain your will is properly drafted and executed.