Independent administration in Harris County

When this path fits

• There is a will naming an independent executor, OR all heirs agree to independent administration
• Estate has assets to administer or debts to pay
• Beneficiaries/heirs are cooperative

How it works in Harris County

1. 1

   Retain a Texas probate attorney

   Texas probate courts generally require an attorney when the independent executor isn't the sole beneficiary, because the executor represents the estate and the other beneficiaries. For a straightforward estate, flat fees often run $2,500-$5,000.

2. 2

   Prepare the Application for Probate of Will and Administration

   Include the jurisdictional facts, the Will information, the proposed personal representative, and the statutory basis for independent administration. Bring the proposed order for the judge to sign at the hearing.

3. 3

   File the application with Harris County Probate Courts

   The filing fee runs about $432. File online through eFileTexas or follow the court's filing instructions. Assigned rotationally to one of five statutory probate courts in Harris County. Courts usually set the hearing 2-4 weeks after filing.

4. 4

   Wait for the 10-day citation period

   The clerk posts citation at the courthouse, and interested parties may contest during this window.

5. 5

   Attend the probate hearing

   The court hears the Will proof and, if the proof is sufficient, admits the Will. On a timely letters application, the court may appoint the proposed personal representative and authorize the requested letters after qualification and the statutory oath. A Will application filed after the fourth anniversary cannot support Letters Testamentary; Letters of Administration require proof under §301.002(b).

6. 6

   Publish notice to creditors (within 1 month)

   Publish once in a Harris County newspaper of general circulation (e.g. Houston Chronicle, Daily Court Review). Then file a copy of the published notice and the publisher's sworn affidavit in the pending court as Texas Estates Code §308.052 requires.

7. 7

   File Inventory, Appraisement & List of Claims (within 90 days)

   File a sworn inventory of every probate asset as of the date of death, its value, and any claims owed to the estate. An independent executor can file an Affidavit in Lieu of Inventory when no beneficiary demands the full inventory, a Texas-specific option.

8. 8

   Pay valid debts in statutory priority order

   Texas Estates Code §355.102 sets the order: funeral and last-illness expenses, family allowance, secured debts, administration expenses, then unsecured debts. Don't pay unsecured debts ahead of priority claims, or you can owe the shortfall yourself.

9. 9

   Distribute assets per the will

   Document every distribution and collect signed receipts from beneficiaries. Pay the specific bequests first, then the residuary estate.

Harris County offices and details

Independent administration fees across supported counties

Filing fees from each county's published fee schedule. Fees change, so re-verify before filing.

Common questions

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