How much does probate cost in Texas?

Texas probate is relatively inexpensive, especially with independent administration. The executor commission is 5% of cash received and paid out, capped at 5% of the gross estate (Estates Code 352.002). Attorney fees are not set by statute - often a $2,500-$4,000 flat fee for a simple case or $3,000-$7,000 for independent administration. County filing fees run $250-$450. Texas has no state estate or inheritance tax.

What is Muniment of Title in Texas?

Muniment of Title is a simplified Texas probate procedure unique among the states. If there is a valid will, no unpaid unsecured debts (a mortgage is allowed), and it is filed within four years of death, the will itself serves as proof of title - no executor is appointed and court supervision is minimal. It is one of the cheapest ways to transfer a Texas estate, often $1,500-$3,500 in attorney fees.

Texas Probate Cost Calculator, Free Tool

Q: What is the executor fee in Texas?

Under Texas Estates Code 352.002, the executor is entitled to a 5% commission on all amounts actually received in cash and 5% on all amounts paid out in cash, not to exceed 5% of the gross fair market value of the estate. Cash already in bank accounts and life insurance proceeds are excluded from the calculation. On a $500,000 estate the commission is up to $25,000; family-member executors often waive it.

Q: What is the small estate limit in Texas?

A Texas Small Estate Affidavit (Estates Code Chapter 205) is available when the estate is worth $75,000 or less, excluding the homestead and exempt property, there is no will, and 30 days have passed since death. It transfers assets without full administration.

Q: How long does probate take in Texas?

Muniment of title can finish in 3 to 4 weeks; a small estate affidavit in 1 to 2 months; independent administration usually 6 to 12 months including the 4-month creditor period.

How probate costs work in Texas

Probate in Texas runs through the county or statutory probate court where the person lived — Harris County (Houston), Dallas, Travis (Austin), Bexar (San Antonio), Tarrant (Fort Worth), and the state's 254 counties. Texas is one of the cheapest and fastest probate states, thanks to two features most states lack: independent administration (minimal court supervision, presumed when a will names an executor) and muniment of title (a simplified path where the will itself transfers title).

Texas keeps costs low with a capped 5% commission, no attorney fee schedule, and no state estate or inheritance tax.

1. Executor commission — 5%, capped

Estates Code § 352.002: the executor is entitled to a 5% commission on cash received and 5% on cash paid out, but the total may not exceed 5% of the gross fair market value of the estate. Cash already in bank accounts and life insurance proceeds are excluded from the calculation.

On a $500,000 estate the commission is up to $25,000. The court may allow reasonable compensation for managing non-cash assets, and family-member executors often waive the fee (it is taxable income, unlike an inheritance).

2. Attorney fees — no statutory schedule

Unlike California, Texas sets no percentage schedule for attorney fees. Most attorneys charge a flat fee: about $1,500–$3,500 for muniment of title, $3,000–$7,000 for independent administration, or hourly ($200–$500) for complex or contested cases.

3. Court filing & other costs

Texas filing fees are set by each county and typically run $250–$450 — Harris (Houston), Dallas and Travis (Austin) at the higher end, rural counties lower. Add publication of notice, certified Letters Testamentary, and (for dependent administration) a bond.

4. When probate is cheaper or skippable in Texas

Muniment of Title — with a valid will, no unpaid unsecured debts (mortgage allowed), filed within 4 years: the will transfers title, no executor, minimal cost.
Small Estate Affidavit (Estates Code Ch. 205) — estate of $75,000 or less (excluding homestead), no will, 30 days after death.
Affidavit of Heirship, TOD deed, POD accounts — transfer specific assets outside probate.

Note: Texas has no estate tax and no inheritance tax, and the homestead has special creditor protections.

Cost component	Texas figure	Source
Executor commission	5% cash in + 5% cash out, cap 5% of gross	§ 352.002
Attorney fee	No statutory %; $1,500–$7,000 flat typical	Market
Court filing fee	$250–$450 (by county)	County clerk
Small estate limit	$75,000 (excl. homestead)	Ch. 205
State estate / inheritance tax	None	Texas Comptroller

Texas probate cost — frequently asked questions

How much does probate cost in Houston / Dallas?

The commission and attorney rules are statewide; only the county filing fee differs. In Harris County (Houston), Dallas or Travis County (Austin), expect a $250–$450 filing fee plus the 5% executor commission (capped) and a flat attorney fee. A simple independent administration often totals $4,000–$10,000 all-in, far less than percentage-fee states.

Why is Texas probate so cheap?

Two reasons. Independent administration — presumed whenever a will names an executor — means the court barely supervises the estate, so attorney time is low. And muniment of title lets a valid will transfer property with no executor at all. Together they make Texas one of the least expensive probate states despite the 5% commission cap.

Is the executor commission calculated on the whole estate?

No. The 5% applies to cash actually received and paid out, but excludes cash already sitting in bank accounts and life insurance proceeds — and the total is capped at 5% of the gross estate. So on an estate that is mostly bank accounts, the commission can be well below 5% of the total value.

What is the small estate limit in Texas?

$75,000 or less, excluding the homestead and exempt property, with no will and a 30-day wait after death, under Estates Code Chapter 205. For a valid will with no debts, muniment of title is usually the better route.

How long does probate take in Texas?

Muniment of title can finish in 3–4 weeks; a small estate affidavit in 1–2 months; independent administration usually 6–12 months including the 4-month creditor period.

This calculator provides an estimate for general guidance only and is not legal or financial advice. The executor commission is 5% of cash received and paid out, capped at 5% of the gross estate, under Estates Code § 352.002; cash in bank accounts and life insurance are excluded. Attorney fees are not set by statute. County filing fees vary. The small-estate limit ($75,000, excluding homestead) reflects Estates Code Chapter 205. Confirm current figures with the county clerk or a licensed Texas attorney before acting.