Kendall and Bexar County Estate Planning
Texas Estate Planning Blog


Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.
When a loved one passes away, the probate process can already feel difficult. But when families disagree about an estate, probate administration can become even more complicated.
In Texas, estates may be administered either independently or dependently. The type of administration chosen can significantly affect how quickly assets are distributed and the extent of court supervision.
Families dealing with disputes often search for a probate attorney in Boerne, TX, who can explain these legal differences and help them understand the probate process.
Understanding how these probate systems work can help families protect estate assets and reduce the risk of delays or legal conflicts.
Texas strongly favors independent administration. In this system, the executor manages the estate with limited court supervision, which often helps reduce delays and administrative costs.
A probate lawyer in Boerne, TX often assists executors with key responsibilities such as identifying estate assets, paying debts and taxes, distributing property to beneficiaries, and filing required court documents.
Independent administration is widely used in Texas and is often preferred because it allows estates to be administered with less court supervision.
Dependent administration is much more structured and closely supervised by the court.
In this process, the executor must seek court approval for many estate decisions.
For example, dependent administration may require court permission to:
Families sometimes encounter this situation when disputes arise or when the will does not authorize independent administration.
Executors facing these circumstances often seek guidance from a probate attorney in Boerne, TX, who understands how Texas probate courts handle contested estates.
Dependent administration is usually required when probate conflicts exist.
Common scenarios include:
These situations often lead families to consult a probate attorney in Boerne, TX, or nearby communities across the Texas Hill Country.
When disputes occur, the probate court may increase supervision to ensure estate assets are protected.
High-conflict probate cases require careful legal planning.
In many cases, dependent administration provides additional oversight, helping protect the estate during disagreements.
However, the trade-off is that dependent administration often leads to:
A probate attorney in Boerne, TX, can help families evaluate whether independent administration is possible and determine the most appropriate strategy when disputes arise.
Understanding these legal structures is an important part of broader estate planning.
Families who want to reduce future probate conflicts often begin by creating clearer estate plans.
You can learn more about proactive estate planning by exploring our guide to wills and trusts, which explains how these tools can reduce probate complications.
Independent and dependent administration are only two parts of the larger probate system.
Families often discover that probate decisions affect several other areas of estate management, including:
For a deeper understanding of probate risk planning, you can also explore our guide on Risk Management and probate strategy for San Antonio and Boerne estates.
Probate administration can quickly become complicated, especially when disagreements arise or an estate includes multiple assets. Knowing whether an estate requires independent or dependent administration is important to avoid delays and legal complications.
Working with a probate attorney in Texas helps ensure that the estate is administered in accordance with Texas probate law and court procedures.
If you need guidance navigating probate or want to plan to minimize future conflicts, the legal team at McCammon Law, P.C. is ready to assist.👉Request a consultation to discuss your situation and receive clear guidance on the next steps.
Boerne/San Antonio Office
602 Frey Street,
Boerne, TX 78006
Office Hours
Mon-Thu: 8:30am-5:00pm CT
Friday:Â by appointment only
closed during lunch at 12:30pm-1:30pm
