Do I have to go to court to be appointed executor in El Paso?

Yes, once. Texas requires the applicant to testify briefly to prove the death, the will and his or her qualifications. That happens at a single short hearing in El Paso County Probate Court No. 1 or No. 2, which attorney Robert Navar attends and handles with you. The courts often allow the applicant to appear by Zoom. After the oath is filed and letters issue, the independent executor almost never returns to court.

How long does independent administration take in Texas?

Letters testamentary are typically issued four to eight weeks after filing in El Paso, depending on the posting period and the court's docket. The creditor notice and inventory deadlines run over the next three months. Most straightforward estates are fully distributed within six to twelve months; estates with real estate to sell, tax returns to file or creditor disputes take longer. There is no fixed deadline to close an independent administration.

How much does probate with an executor cost in El Paso?

Navar Law charges a flat fee for the court phase through letters testamentary, creditor notices and the inventory, quoted before we begin, plus El Paso County Clerk filing fees, newspaper publication and certified copies. Unlike hourly billing, you know the number up front. Additional work such as selling real estate, contested claims or ancillary probate in another state is quoted separately if it comes up.

Can I get independent administration if there is no will?

Yes. Texas Estates Code § 401.003 allows the court to appoint an independent administrator when the decedent died without a will, provided every heir agrees in writing and the court finds it in the estate's best interest. The court must first determine who the heirs are, so this is usually filed together with a determination of heirship. It is a common combination in El Paso and produces both a heirship judgment and letters of independent administration.

Does an independent executor have to file an inventory in Texas?

Within 90 days of qualifying, the executor must file either a full inventory, appraisement and list of claims under § 309.051 or, when the estate has no unpaid debts except those secured by liens, an affidavit in lieu of inventory under § 309.056. The affidavit keeps the family's asset list out of the public record and is what we file in most El Paso estates. Beneficiaries still receive the inventory privately.

Independent Administration El Paso

Independent Administration in El Paso: Full Probate With Minimal Court Supervision

When an estate has debts, accounts to collect or property to sell, independent administration appoints an executor with letters testamentary and lets the family finish the job without constant court oversight.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

Independent administration is the standard form of full probate in Texas and the one most El Paso wills call for. The court admits the will, appoints the executor named in it, and issues letters testamentary, the document banks, title companies and the Texas DMV require before dealing with anyone on behalf of the estate. From that point the executor collects assets, pays debts, sells property if needed and distributes what is left, without asking the judge for permission at each step. It is the right tool when a muniment of title or small estate affidavit is not enough.

Texas Estates Code Chapters 401 and 402 create and define independent administration. Under § 401.001 the will itself can direct that no action be taken in court other than probating the will and filing an inventory; under §§ 401.002 and 401.003, if the will is silent or there is no will, every distributee can agree to independent administration. Once appointed, the executor must publish notice to creditors within one month under § 308.051, notify secured creditors within two months under § 308.053, and file an inventory within 90 days under § 309.051, or an affidavit in lieu of inventory under § 309.056 when the only debts are secured. Chapter 402 gives the executor broad authority to act without court orders.

Navar Law handles the court phase of independent administration for a flat fee: the application, the posted citation, the one brief hearing in El Paso County Probate Court No. 1 or No. 2, the executor's oath, the letters testamentary, the creditor notices and the inventory. The hearing is short, the applicant answers a few questions under oath, and attorney Robert Navar handles everything else; the courts often permit Zoom appearances. Executors who try this alone often omit a statement required by § 256.052, miss notice deadlines or file a defective inventory, and each mistake means another docket setting. We stay available after letters issue for questions about selling the house or distributing to a beneficiary in Juárez.

Independent vs. dependent administration in Texas

Texas offers two kinds of administration. In a dependent administration, the court supervises everything: the administrator must post a bond, get court approval to sell property or pay claims, and file annual accountings. It is slow and expensive and is used when heirs are fighting or the will is silent and someone objects. Independent administration removes nearly all of that supervision. After the initial hearing, inventory and creditor notices, the executor acts on his or her own authority under Chapter 402 and simply distributes the estate when the work is done.

Most El Paso wills drafted by an attorney already name an independent executor and waive bond. If the will does not, or if there is no will, we obtain the written consent of every heir or beneficiary so the court can grant independent administration anyway. That agreement is worth pursuing; it can save the family thousands in bond premiums and court costs.

The executor's duties after letters testamentary issue in El Paso

Within one month of qualifying, the executor publishes a notice to creditors in an El Paso newspaper and files proof with the El Paso County Clerk. Within two months, secured creditors such as the mortgage lender receive written notice by certified mail. Within 90 days, the inventory, appraisement and list of claims is filed, or the affidavit in lieu when the estate has no unsecured debts. The executor then opens an estate account, collects assets, pays valid claims and taxes, and distributes to beneficiaries when the estate is ready. We calendar every deadline and prepare each filing.

What's included

Review of the will and estate to confirm independent administration is the right procedure
Application for probate and letters testamentary under Texas Estates Code § 256.052, or for letters of administration when there is no will, with distributee consents under Chapter 401
Posted citation, proof of death and testimony, and attorney attendance at the hearing in El Paso County Probate Court (Zoom when permitted)
Order admitting the will, executor's oath, bond waiver and certified letters testamentary
Published notice to creditors and certified-mail notices to secured creditors, with proof filed
Inventory, appraisement and list of claims, or affidavit in lieu of inventory, filed within the 90-day deadline
Executor guidance on the estate account, EIN, creditor claims and final distribution

How it works

Estate review and flat-fee quote

Bring the original will, death certificate and a rough list of assets and debts. We confirm the will names an independent executor or gather heir consents, then quote a flat fee for the court phase plus El Paso County filing costs.

Filing, citation and hearing

We file the application with the El Paso County Clerk. After the posting period, the executor attends one short hearing, often by Zoom, answers routine questions, takes the oath, and the court issues letters testamentary.

Notices, inventory and distribution

We publish the creditor notice, send secured-creditor letters and file the inventory or affidavit in lieu on time. Then we guide the executor through paying claims, selling property if needed and distributing to beneficiaries.