How Much Probate Costs in Texas

The cost of probate in Texas typically come from a mix of court fees and professional services. The state’s probate process works much like it does in other parts of the U.S., and cases generally fall into one of two categories: testate probate, where a valid will directs how assets are distributed, and intestate probate, where state law determines the outcome. From there, the executor or administrator manages expenses based on the size and complexity of the estate. Smaller estates may incur only basic filing fees, while larger or contested estates can generate substantial legal, accounting and administrative costs. All probate-related fees and procedures in Texas are governed by the Texas Estates Code¹.

If you’re looking to create your own estate, or have any specific estate-planning questions, consider reaching out to a financial advisor to explore your options.

Court and Filing Fees

Every estate will need to pay a range of administrative fees to the probate court. This can include:

• Basic court fees, such as the application to register yourself as the administrator for an estate
• Filing fees for any document you need to enter with the court, such as a will or other related paperwork
• And filing fees for documents that you need to receive from the court, such as letters of administration

Administrative fees can range from as low as $2 to more than $500 for each specific filing or action. For example, it can cost $360 to file the application to have yourself appointed as the administrator of an estate, or $120 to file a contest to some element of the estate or will.

The total cost of probate in Texas, which includes court and filing fees, will depend largely on the nature of the estate. A simple probate may cost no more than $400 in filing and administrative fees. Meanwhile, a sprawling estate may cost thousands of dollars in court fees alone.

Administrator/Executor Compensation

The individual who manages an estate is known as either the executor (if the estate has a will), or the administrator (if the decedent was intestate). It’s their job to handle the management, payment and distribution of all assets and liabilities.

The estate’s administrator/executor is responsible for:

• Locating heirs
• Distributing assets
• Handling contests
• Working with the probate court
• Any other steps necessary to ensure that the estate is distributed legally and properly

This can be a time-consuming task, and Texas law entitles the administrator/executor to compensation. If the decedent had a will, they may have arranged to compensate the estate’s named executor as part of their estate planning. In this case, the terms of the will or agreement will typically govern compensation. 

Otherwise, state law sets the executor/administrator’s fee as a percentage of the overall estate. Generally, the administrator/executor receives between 1% and 5% of the estate’s total value as compensation for their work. However, in all cases, including if the parties had an agreement for the executor’s payment, this fee is bounded by a general requirement of reasonability and must be approved by the probate court. 

Professional Services Fees

It’s common for a probate process to require professional services, most often those of lawyers and accountants. This can come up for any number of reasons. Often, for example, an estate will need the services of a lawyer to make sure that assets are distributed legally, and to review any issues of property, estate or other laws that come up during the probate process. Or an estate may need the services of an accountant to manage its assets during the probate process and ensure that all assets are located in full.

In all cases, this will generate professional services fees, as the estate must pay the costs of any individuals that it hires. If the decedent died intestate, this can also include advertising fees. That’s because the administrator will be required to post a death and estate notice for a minimum period of time to ensure that potential heirs have an opportunity to come forward.

Typically, professional services fees are billed at an hourly rate. In the case of a particularly complex estate, a probate lawyer might charge a percentage of the estate’s value. 

Paying and Minimizing Probate Fees

In most cases, probate expenses are paid directly from the estate. As the process moves forward, the executor or administrator uses estate assets to cover court fees, professional services and other necessary costs. If the estate lacks sufficient cash, they may need to liquidate property or other assets to meet these obligations.

Heirs who choose to contest the terms of the estate are generally responsible for their own legal fees.

The most effective way to keep probate costs manageable is through careful estate planning. You can’t eliminate probate expenses in Texas, since every estate must pay basic filing fees and reasonable compensation for the executor. However, many of the most significant costs stem from prolonged disputes or extensive professional work. A clear, well-drafted will can help streamline the process, reduce uncertainties and limit the likelihood of costly complications.

You can also take steps to try and reduce your need and thus the cost of probate in Texas. If the estate is worth less than $75,000 total, you don’t have to go through the full probate process in Texas. Otherwise, by moving your largest assets to trusts, joint ownership and payable-on-death accounts, you can remove many of the most contentious or difficult assets from the process, and potentially avoid probate in Texas. 

When Probate Is Required in Texas

Not every asset or estate situation requires a full probate process in Texas.

Some assets must go through probate before they can be distributed. This typically includes solely owned real estate, bank or investment accounts without named beneficiaries, personal property of significant value and any assets titled only in the decedent’s name. If the estate includes debts that need to be settled or disputes among potential heirs, the probate court will oversee those issues, as well.

Other assets bypass probate entirely, which can significantly reduce the time and cost involved. Common examples include assets held in a revocable living trust, life insurance policies with named beneficiaries, retirement accounts with up-to-date designations and jointly owned property with rights of survivorship. Payable-on-death and transfer-on-death designations can also move financial accounts or real estate directly to beneficiaries without court involvement.

As we discussed above, Texas also offers streamlined options for small or simple estates. If the total value of the estate (excluding the homestead and certain exempt property) is $75,000 or less, heirs may be able to use a Small Estate Affidavit instead of going through full probate. In other cases, when a will exists and the estate has no unpaid debts aside from the mortgage, a Muniment of Title may be available as a faster, lower-cost alternative.

Bottom Line

As in all states, the exact cost of probate in Texas will depend on the scope and nature of the estate. There are usually estate-planning costs. All estates will have to pay some court filing and administrative fees. But more complex estates can run up significant professional bills and administrative fees, as well.

Tips on Writing a Clear Will

• Don’t leave your estate planning to chance. Sit down with a lawyer and draft a clear, simple will that takes care of your loved ones and dependents. And in the process, make sure to avoid these five common mistakes. 
• A financial advisor can help you build a comprehensive retirement plan. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area. You can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.

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