Educational guide — not legal advice. Laws and figures change; confirm current details with a licensed Texas attorney before relying on them.
The short answer
Texas does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.
Attorney fees
Not statutory. Attorneys typically charge a flat fee ($2,500–$5,000 for routine independent administration) or hourly. The court must approve fees as reasonable.
Executor / personal representative fees
Texas Estates Code §352.002 allows the executor up to a 5% commission on cash received and paid out, with limits. Family executors often waive this.
What the fee is based on
Texas's independent administration removes most court oversight, which is the main reason costs stay low compared to California or New York.
Court filing fees
Approximately $300–$400 to file the application for probate, depending on county.
Appraisal / probate referee
Not used. Texas does not appoint a state appraiser.
How long probate takes in Texas
About 6 months for independent administration; longer if dependent administration is required. Contested estates, missing heirs, or real estate sales can extend that.
How to skip full probate (or shrink the bill)
- Small-estate procedure. $75,000 (excluding homestead and exempt property) qualifies for a Small Estate Affidavit under Texas Estates Code §205.
- Real-property shortcut. The homestead can pass to a surviving spouse or minor children via affidavit of heirship in many cases.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most Texas estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Texas’s small-estate thresholds, it’s worth talking to a licensed Texas estate attorney while you still have the option to plan.
Related reading
- What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
- How to Avoid Probate in Texas — the state-specific avoidance playbook.
- How Long Does Probate Take in Texas? — the companion timeline guide for Texas.
- Will vs. Trust: Which Do You Need? — for Texas residents weighing whether a trust is worth it.
- Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains Texas probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Texas courts or a licensed Texas attorney. Sources: Tex. Est. Code §205, Tex. Est. Code §352.002, Tex. Est. Code §308.054, Tex. Est. Code Ch. 401 (independent administration).