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The form of probate most familiar to clients is the probate of the will with the appointment of an executor. This provides for probate of a will with full administration of the estate by the person nominated in the will of the Decedent as executor.

The majority of wills filed in Texas contain language similar to the following, "I appoint [Name] to be the Independent Executor of this will to serve without bond. My Independent Executor shall act independently of any court, and I direct that no action shall be had in the county or other probate court in relation to the settlement of my estate other than the probating and recording of this, my Last Will and Testament, and the return of an inventory, appraisement and list of claims of my estate. This language creates an independent administration of the Decedent's estate pursuant to 145(b) of the TPC. No specific language is required to make the administration independent. Any language is sufficient if it indicates that the estate administration is to be free of court supervision.

The purpose of an independent administration is to permit the executor to administer the estate and distribute its assets free of judicial supervision with a minimum of cost and delay. 

If a will does not state that the executor is to be independant, then he will be a dependant executor. A dependant executor is not normally desirable because he must get court approval for everything that he does. This takes time and money. There are situations, however, where an executor might want to be a dependant rather than an independant executor. If there is a conflict among the decedant's heirs, the executor can protect himself from problems by having a hearing and having the judge rule on everything that he does. This is not normally a problem and most people will want an independant executor.