Texas Probate Cost: The Full Breakdown

Quick answer: Texas is one of the cheapest probate states. The executor commission is 5% of cash in and out, capped at 5% of the gross estate; attorney fees are flat (no statutory schedule); and there's no state estate or inheritance tax. A simple independent administration often totals $4,000–$10,000. Get your own figure with the Texas probate cost calculator.

The costs, line by line

1. Executor commission — 5%, capped

Under Estates Code § 352.002, the executor gets 5% of cash received plus 5% of cash paid out, but never more than 5% of the gross estate. Cash already in banks and life insurance are excluded.

Worked example: a $500,000 estate with $500,000 cash flowing in and out would compute to $50,000, but the 5% cap holds it to $25,000. On an estate that is mostly bank accounts, the commission is far lower.

Family-member executors often waive it, since it's taxable income while an inheritance is not.

2. Attorney fees — flat, no schedule

Texas sets no percentage schedule. Typical flat fees: $1,500–$3,500 for muniment of title, $3,000–$7,000 for independent administration, hourly ($200–$500) for contested cases. See Texas probate attorney fees.

3. Court filing & other costs

County filing fees run $250–$450 (by county). Add publication, certified Letters, and — only for dependent administration — a bond.

The three Texas paths, by cost

Path	When it fits	Typical total
Muniment of title	Valid will, no unsecured debts	~$2,000–$4,000
Small estate affidavit	≤$75k (no homestead), no will	~$500–$2,000
Independent administration	Standard with a will	~$4,000–$10,000
Dependent administration	Court-supervised, disputes	$10,000+

Worked examples (independent administration)

Estate value	Commission (5% cap)	Attorney	Filing + notice	Approx. total
$100,000	$5,000	$4,500	$450	≈ $9,950
$500,000	$25,000	$4,500	$450	≈ $29,950
$1,000,000	$50,000	$6,500	$450	≈ $56,950

Commission shown at the 5% cap; on a bank-heavy estate it's lower. Filing + notice = ~$350 + $100. If the executor waives the commission, subtract that column. Run your own numbers in the calculator.

How to reduce Texas probate costs

Use muniment of title where a valid will and no unsecured debts allow it — the cheapest path.
Use the Small Estate Affidavit for estates up to $75,000 (excl. homestead) under Chapter 205.
Executor waives the commission if a family member and heir.
A living trust or TOD deed avoids probate entirely.

Texas probate cost — frequently asked questions

Why is Texas probate cheaper than most states?

Two reasons: independent administration keeps court supervision, and therefore attorney time, to a minimum, and muniment of title lets a valid will with no unsecured debts transfer property with no executor appointed at all.

Is the Texas executor commission usually the full 5%?

Often not — the commission applies only to qualifying cash received and paid out, excluding cash already on hand or in a bank at death, life insurance proceeds, and distributions to heirs, so the real figure is frequently well below the 5% cap.

What is muniment of title in Texas?

A simplified Texas probate procedure, unique among the states, where a valid will with no unpaid unsecured debts serves as proof of title on its own, with no executor appointed and minimal court supervision.

Does Texas probate cost include estate or inheritance tax?

No — Texas has no state estate tax and no inheritance tax, so the cost of Texas probate is limited to the commission, attorney fee, and court costs described here.

What is the cheapest way to settle a Texas estate?

For a valid will with no unsecured debts, muniment of title is typically the cheapest formal route, often totaling a few thousand dollars rather than the tens of thousands a full administration can involve.

Estimate for general guidance only, not legal advice. Executor commission 5% of cash in and out, capped at 5% of the gross estate, under Estates Code § 352.002 (bank cash and life insurance excluded). Attorney fees not set by statute. Small-estate limit $75,000 (excl. homestead) under Chapter 205. Verify with the county clerk or a licensed Texas attorney.

Texas Probate Cost: Full Breakdown