Texas is widely considered one of the most "executor-friendly" states. If a will specifically requests "Independent Administration," the executor can settle the estate with minimal court supervision, saving thousands in legal fees.
The Benefits of Independent Administration
Lower Legal Fees
Since the lawyer doesn't have to attend frequent court hearings or file for permission to sell assets, billable hours are drastically reduced.
Faster Timelines
Most independent probates in Texas can be completed in 4-8 months, compared to 12+ months in states with dependent administration.
Privacy
A detailed inventory of assets can often be kept out of the public court record by using an Affidavit in Lieu of Inventory.
Texas Statutory Executor Fees
Texas Probate Code Section 241 establishes the compensation for personal representatives:
- 01.5% commission on all sums received in cash
- 02.5% commission on all sums paid out in cash
- 03.Does NOT apply to cash on hand at time of death or life insurance proceeds
- 04.Total commission is capped at 5% of the gross fair market value of the estate
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Texas Cost CalculatorFrequently Asked Questions
What is Independent Administration in Texas?
It is a streamlined probate process where the executor acts independently of the court after being appointed, meaning they don't need court approval for every transaction.
How much does an executor get paid in Texas?
Texas uses the "5% Rule"—executors can receive 5% of all money actually received and 5% of all money actually paid out by the estate.
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