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Texas Probate vs Living Trust Calculator

Muniment of title already makes a clean Texas estate cheap — but the 5% commission cap on independent or dependent administration is a different story. Compare both against a living trust.

Probate side: Estates Code 352.002 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Texas estate

Enter your estate value — we'll estimate Texas probate cost (independent administration) and compare it to a typical trust setup cost.

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Estimated Texas probate cost vs trust setup
Probate (estimated)
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Living trust setup
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Texas probate cost vs living trust cost

The probate side of this comparison reuses the same approach as the Texas Probate Cost Calculator: a 5% executor commission on cash received and paid out, capped at 5% of gross estate value under Estates Code § 352.002, plus a flat attorney fee (no statutory schedule — roughly $4,500–$6,500 for independent administration) and a county filing fee. On a $500,000 estate the commission alone can reach $25,000. The trust side is market data, not a statutory figure: Texas attorneys typically charge roughly $1,200–$6,195 for a revocable living trust. See the full breakdown in Texas Living Trust Setup Cost.

One Texas-specific wrinkle: a clean estate with a valid will and no unpaid unsecured debts can skip this comparison almost entirely via muniment of title, which needs no executor commission at all. That option narrows the pure cost case for a trust — but only for estates that actually qualify. See Is a Living Trust Worth It in Texas? for the fuller picture.

Texas probate vs living trust — frequently asked questions

Is a living trust worth it in Texas?

For estates with a clean will and no debts, muniment of title already makes Texas probate cheap and fast, narrowing the case for a trust. For larger estates, contested situations, out-of-state real estate, or anyone who wants privacy, a trust still clearly pays for itself — the 5% commission cap alone can reach $25,000 on a $500,000 estate.

How much does Texas probate cost compared to a living trust?

On a $500,000 independent-administration estate, the executor commission can run up to $25,000 (capped at 5% of gross value under Estates Code § 352.002), plus a flat attorney fee of roughly $4,500–$6,500 and county filing fees. A Texas living trust typically costs roughly $1,200–$6,195 to set up with an attorney.

Does muniment of title make a Texas trust unnecessary?

Only for a specific case: a valid will, no unpaid debts other than those secured by real property, and no need for privacy or out-of-state property planning. Any estate with real debts, disputes, or property in another state still benefits from a properly funded trust.

Texas living trust tools & guides

Texas Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in Texas?A decision framework Texas Living Trust Funding MistakesWhy trusts still fail to avoid probate Texas Probate Cost CalculatorThe full three-track breakdown Texas Probate Timeline CalculatorHow long probate would take

This calculator provides an estimate for general guidance only and is not legal or financial advice. Probate-side figures are based on Texas statute (Estates Code § 352.002). Trust-side figures are illustrative market rates, not a legal or statutory amount, and vary by attorney and estate complexity. Confirm current figures with a licensed Texas estate planning attorney before acting.