Quick answer: Texas has no statutory attorney fee schedule — unlike California (the executor commission, by contrast, is capped by Estates Code § 352.002). Most probate 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 contested cases.
How Texas probate attorneys bill
Flat fee by path — not a percentage
Because there's no schedule, Texas attorneys price by the type of proceeding, which tracks the work involved:
| Path | Typical attorney flat fee |
|---|---|
| Small Estate Affidavit | $500–$1,500 (often DIY) |
| Muniment of Title | $1,500–$3,500 |
| Independent Administration | $3,000–$7,000 |
| Dependent / contested | $10,000+ (often hourly) |
Why Texas is cheaper than California
California sets attorney fees as a statutory percentage of the gross estate (e.g. $13,000 on a $500k estate). Texas doesn't — the attorney bills for the work, and independent administration means less of it. That's a major reason Texas probate costs a fraction of California's on the same estate.
Do you need an attorney?
For full probate (independent or dependent administration), Texas courts generally require an attorney, because the executor is representing the interests of other beneficiaries and creditors, which counts as practicing law. But two paths are commonly DIY:
- Small Estate Affidavit ($75,000 or less, excl. homestead).
- Affidavit of Heirship for transferring real property when heirs agree.
How to keep Texas probate attorney fees down
- Use muniment of title when a valid will and no unsecured debts allow it.
- Ask for a flat fee up front — standard practice in Texas.
- Qualify for a small estate affidavit and consider handling it yourself.
- Plan with a trust or TOD deed to avoid probate entirely.
Attorney fees are only one piece. See the full picture in the Texas probate cost breakdown, or estimate your total with the Texas probate cost calculator.