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 |
|---|---|
| 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. |
| 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 rather than the whole estate, and excludes death-date bank balances and life insurance proceeds, the base the 5 percent is applied to is smaller than the estate's value. Where most assets pass without cash changing hands, the commission is calculated on whatever cash the representative actually receives and pays out. No source is cited here for what that works out to in practice.
Texas thresholds and deadlines
| Item | Texas |
|---|---|
| Small-estate threshold | 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. |
| 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). |
| Statutory floor (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). |
| 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://texas.public.law/statutes/tex._est._code_section_205.001
- 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
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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.