The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Texas with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
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.
Creditor claim period
Unsecured creditors who receive notice under Tex. Est. Code §308.054 must present their claim within 121 days of receiving notice. The independent executor is generally not required to respond to claims for six months after letters are granted. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.
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.
- Transfer-on-death deed. Texas allows a Transfer on Death Deed under Tex. Est. Code Ch. 114 (the Texas Real Property Transfer on Death Act). Owners can record a TOD deed naming a beneficiary; the property passes to the beneficiary at death without probate.
- 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
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What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
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How to Avoid Probate in Texas — the state-specific avoidance playbook.
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How Long Does Probate Take in Texas? — the companion timeline guide for Texas.
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What Happens If You Die Without a Will in Texas? — how Texas splits an estate when there is no will.
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Will vs. Trust: Which Do You Need? — for Texas residents weighing whether a trust is worth it.
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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).