How much does probate cost in Texas?

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. The court must approve fees as reasonable.

Executor / personal representative fees

Texas Estates Code §352.002(a) allows the executor a 5% commission on amounts actually received or paid out in cash, capped in the aggregate by §352.002(b)(1) at 5% of the gross fair market value of the estate subject to administration, with §352.002(b)(2) allowing none on funds already on hand or at a financial institution or brokerage at death, on life insurance proceeds collected, or on cash paid to an heir or legatee as such.

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.

Appraisal / probate referee

Not used. Texas does not appoint a state appraiser.

How long probate takes in Texas

We found no published source for how long probate takes in Texas as of September 2026. No Texas court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A personal representative must give notice to creditors within one month after receiving letters testamentary or of administration (Tex. Est. Code §308.051(a)). Texas sets no general nonclaim deadline for unsecured creditors: a claim for money is barred at 121 days only where the representative chooses to give the permissive notice under §308.054, which must state that the creditor has until the 121st day after receiving it (§§308.054(b), 403.055). In an independent administration the executor may approve a claim, reject it, or take no action on it (§403.051(a)(3)), and the claim procedures that govern supervised administrations do not apply (§403.058).

Creditor claim period

A personal representative must give notice to creditors within one month after receiving letters testamentary or of administration (Tex. Est. Code §308.051(a)). Texas sets no general nonclaim deadline for unsecured creditors: a claim for money is barred at 121 days only where the representative chooses to give the permissive notice under §308.054, which must state that the creditor has until the 121st day after receiving it (§§308.054(b), 403.055). In an independent administration the executor may approve a claim, reject it, or take no action on it (§403.051(a)(3)), and the claim procedures that govern supervised administrations do not apply (§403.058). 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. Tex. Est. Code §205.001 entitles the distributees of the estate of a decedent "who dies INTESTATE" to the estate without waiting for a personal representative to be appointed, and only "to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property", if: (1) 30 days have elapsed since the date of death; (2) no petition for the appointment of a personal representative is pending or has been granted; (3) the value of the estate assets on the date of the affidavit, excluding homestead and exempt property, "does not exceed $75,000"; and (4) an affidavit meeting §205.002 is filed. Two limits are easy to lose when the chapter is cited without the section: the procedure is for INTESTATE estates only, and the assets must exceed the known liabilities.
• 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.

Whether representation is required in Texas

Texas does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Texas is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Texas’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Texas

How much does probate cost in Texas?

Texas does not set probate fees by statute. Most estates use independent administration. Texas sets no statutory attorney fee, and we found no published source for what probate costs in total in Texas as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them.

What is the small-estate limit in Texas?

Tex. Est. Code §205.001 entitles the distributees of the estate of a decedent "who dies INTESTATE" to the estate without waiting for a personal representative to be appointed, and only "to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property", if: (1) 30 days have elapsed since the date of death; (2) no petition for the appointment of a personal representative is pending or has been granted; (3) the value of the estate assets on the date of the affidavit, excluding homestead and exempt property, "does not exceed $75,000"; and (4) an affidavit meeting §205.002 is filed. Two limits are easy to lose when the chapter is cited without the section: the procedure is for INTESTATE estates only, and the assets must exceed the known liabilities.

Who pays the probate costs in Texas?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Texas?

Independent administration under Tex. Est. Code §401.001 lets a testator provide that no action is had in the probate court beyond probating and recording the will and returning any required inventory, appraisement and list of claims. A transfer on death deed under §114.051 transfers the maker's interest in real property to one or more named beneficiaries effective at the maker's death. Beneficiary designations and joint ownership with right of survivorship pass the assets they cover outside probate. A trust operates on the assets retitled into it.

How long does probate take in Texas?

We found no published source for how long probate takes in Texas as of September 2026. No Texas court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A personal representative must give notice to creditors within one month after receiving letters testamentary or of administration (Tex. Est. Code §308.051(a)). Texas sets no general nonclaim deadline for unsecured creditors: a claim for money is barred at 121 days only where the representative chooses to give the permissive notice under §308.054, which must state that the creditor has until the 121st day after receiving it (§§308.054(b), 403.055). In an independent administration the executor may approve a claim, reject it, or take no action on it (§403.051(a)(3)), and the claim procedures that govern supervised administrations do not apply (§403.058). The deadlines that run alongside it: How Long Does Probate Take in Texas?.

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.

• Executor Deadlines in Texas — the statutory dates the executor works to, quoted from Tex. Est. Code §308.051(a); §308.054(b).

• How Long Does Probate Take in Texas? — the companion timeline guide for Texas.

• What Happens If You Die Without a Will in Texas? — how Texas splits an estate when there is no will.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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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).