Dallas County Probate Courts — Policy Guidelines for… — TX · BenchPath

Dallas County Probate Courts — Policy Guidelines for Court-Created Independent Administrations (TEC §§401.002–401.003)

High confidence· verified August 28, 2026Case ManagementDallas County Probate Courts, Policy Guidelines and Requirements for Application for Court Created Independent Administrations Pursuant to Texas Estates Code §§401.002 and 401.003

Summary

The Dallas County Probate Courts' policy guidelines for applications to create independent administrations under Texas Estates Code §§401.002 and 401.003: the minor/incapacitated-distributee bar (bond required if excepted), the seven required application elements, the compliance-review-then-special-setting flow, ad-litem appointment timing tied to the return of published notice, the pre-hearing waiver/consent filings, the two-disinterested-witness heirship proof, and the insolvency bar.

Applies to

Texas > Dallas County > all three Statutory Probate Courts — division-level application guidelines for court-created independent administrations (TEC §§401.002–401.003, formerly TPC §145(c)–(e))

Requirement

GENERAL LIMITS: "Except under special circumstances, the Court will not grant a TEC §401.002 or §401.003 [application] if a minor or incapacitated adults are among the distributees or heirs-at-law"; where the court does grant one, "the Court will require a bond." "In no case will a TEC §401.002 or §401.003 [administration] be granted where the estate of Decedent is insolvent." The court cannot proceed to hearing until published notice is returned and filed (the publisher does not return notice until paid). APPLICATION CONTENTS: filed by an interested person (TEC §22.018) and setting forth (1) the distributees'/heirs' agreement that an independent executor/administrator is in the estate's best interest and their designation of the appointee; (2) the value of every estate asset — each asset, the decedent's interest, its value, and the basis of valuation; (3) all debts — each creditor's name and address, amount, date incurred, and any security; (4) a statement that a necessity exists for administration; (5) will status with each distributee's name, address, age, and capacity (intestate: the same for all heirs-at-law) — "A Determination of Heirship proceeding will be required either before or simultaneously with the hearing"; (6) a statement requesting no further court action beyond the filing and approval of an Inventory, Appraisement and List of Claims; (7) the distributees' request for exception from bond. FILING AND REVIEW: the application is routed to the assigned court (counsel's responsibility); the court reviews for compliance before hearing and requires amendment of deficiencies; when sufficient — and, for §401.003 matters, after published notice is returned and the ad litem appointed — counsel "may set the matter for a special hearing to be heard in open court before the Presiding Judge." AD LITEMS: in intestacies an ad litem for unknown heirs is appointed before the hearing, but "Appointments will not be made until published notice is returned to the probate clerk"; separate ad litems are appointed for known heirs whose whereabouts are unknown and for incapacitated heirs. PRE-HEARING FILINGS: sworn waivers of notice and consents of all distributees/heirs agreeing to the independent administration and its appointee; a specific request that the court waive bond, if sought; perfected service and/or published notice in the file (counsel's responsibility). HEARING PROOF: intestate heirship by "clear and convincing proof of heirship offered by two (2) disinterested witnesses with the testimony given in open Court, reduced to writing and sworn"; the statutory probate proof (TEC §§256.151–.155, 301.151–.154); valuation testimony (provable by tax returns, ad valorem statements, appraisals, invoices); the parties' unanimous agreement testimony; testimony that no intervenor objects; and any evidence needed on bond necessity or waiver. Closing runs through the TEC §405.005/§405.006 affidavit, which releases bond sureties for future acts.

Source of truth

Official source: Dallas County Probate Courts — dallascounty.org (county site tree)
Source health: Healthy · checked September 27, 2026
Effective date: —
Last verified: August 28, 2026benchpath-tx-ajr1-dallas-2026-08-28

Reviewer note: Own-site division-level guidelines composed verbatim (custody sha in the crawl ledger); undated on face (retains former-Probate-Code cross-references) — no effective date claimed; the document is hosted at the probate family root and speaks for the courts collectively.