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.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Texas reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Texas probate pages.
Texas probate fees
| Item | Texas |
|---|---|
| Court filing fee | Approximately $300–$400 to file the application for probate, depending on county. |
| 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. |
| Fee basis | statutory (commission on cash) |
| Appraisal / referee | Not used. Texas does not appoint a state appraiser. |
Worked example
Because Texas bases the commission on cash transactions (not the whole estate) and excludes death-date bank balances and life insurance, the actual fee on a typical $500,000 Texas estate is often well under the roughly $25,000 theoretical 5% cap — sometimes only a few thousand dollars when most assets pass without cash changing hands.
Texas thresholds and deadlines
| Item | Texas |
|---|---|
| Small-estate threshold | $75,000 (excluding homestead and exempt property) qualifies for a Small Estate Affidavit under Texas Estates Code §205. |
| 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. |
| Typical duration | About 6 months for independent administration; longer if dependent administration is required. |
| Simplified real-property transfer | 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. |
What passes outside Texas probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- 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.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: Tex. Est. Code §205; Tex. Est. Code §352.002; Tex. Est. Code §308.054; Tex. Est. Code Ch. 401 (independent administration)
- State authority: TexasLawHelp.org (Texas Legal Services Center)
- Executor fees: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.352.htm
- Small-estate procedure: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm
- Statutes: https://statutes.capitol.texas.gov/?link=ES
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Texas court before relying on it.
The full Texas guides
- How Much Does Probate Cost in Texas? — the full cost breakdown.
- How Much Does an Executor Get Paid in Texas? — the fee rule in detail.
- How Long Does Probate Take in Texas? — the timeline and its statutory floor.
- Executor Deadlines in Texas — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Texas — the transfers that pass outside it.
- How Much Does a Will Cost in Texas? — execution requirements and pricing.
Fee sheets for other states
California · Florida · New York · Pennsylvania · Illinois · Ohio · Georgia · North Carolina · Michigan · Connecticut · Arkansas · Indiana · Oklahoma · Oregon · New Jersey · Washington · Arizona · Colorado · Massachusetts · Maryland · Minnesota · Missouri · Alabama · Alaska · Delaware · Hawaii · Idaho · Iowa · Kansas · Kentucky · Louisiana · Maine · Mississippi · Montana · Nebraska · Nevada · New Hampshire · New Mexico · North Dakota · Rhode Island · South Carolina · South Dakota · Tennessee · Utah · Vermont · Virginia · West Virginia · Wisconsin · Wyoming
This sheet sets out Texas probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Texas courts or a licensed Texas attorney.