Probate · Cost Guide

How Much Does Probate Cost in Texas?

A straight answer on price — the court costs, the attorney's fee, and how the executor is actually paid, plus a worked dollar example. Probate matters qualify for a free case review, so you know the path before you commit.

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The Short Answer

In Texas, probate cost is the sum of three things: county court filing fees (commonly a few hundred dollars, set by each county), the cost of publishing the required creditor notice, and the attorney's fee, which depends on the type of administration. A muniment of title or small estate affidavit is the least expensive; an independent administration is the most cost-effective full probate; a dependent administrationor a contested estate costs the most. The executor's pay is separate — a 5% commission that, by statute, applies only to cash the executor actually handles and not to money already in the bank at death, life insurance, or distributions to heirs (Tex. Est. Code § 352.002).

Least → Most Expensive

The Four Ways an Estate Is Settled — and What Drives Each Cost

The biggest cost lever in Texas probate is which procedure the estate qualifies for. The cheaper the procedure, the fewer filings, hearings, and hours it takes. A free probate case review tells you which one fits before you pay for a full administration.

Small Estate Affidavit

Lowest cost

For a person who died without a will, when the estate (excluding the homestead and exempt property) is worth $75,000 or less. No executor is appointed — the heirs file a sworn affidavit the judge approves (Tex. Est. Code § 205.001).

No will, intestate estate
$75,000 cap, excluding homestead & exempt property
One filing, court-approved affidavit
No formal administration

Muniment of Title

Low cost

A Texas shortcut when there is a valid will and no unpaid debts other than those secured by real estate. The court admits the will as a 'muniment of title' — a single order that transfers property — with no executor and no administration (Tex. Est. Code § 257.001).

Valid will required
No debts except those secured by real estate
One filing, typically one hearing
No ongoing administration

Independent Administration

Most cost-effective full probate

The Texas default and the reason probate here is cheaper than in most states. The executor administers the estate with minimal court supervision — no bond or court approval for routine steps when the will provides for it (Tex. Est. Code § 401.001).

Executor appointed, minimal court oversight
Best for a valid will and a solvent estate
Inventory filed, creditors noticed
Fastest path to closing a full estate

Dependent Administration

Highest cost

Court-supervised administration used when there is no will, when heirs disagree, or when creditors require it. The court must approve major actions — sales, payments, distributions — which adds filings, hearings, and time, and therefore cost.

Each major action needs court approval
Common with no will or family conflict
Bond and annual accountings often required
More filings and hearings = more cost

A Worked Example

How the Executor's 5% Commission Really Works

People assume the executor takes five percent of everything. The statute is far narrower. A Texas executor's commission applies only to the cash the executor actually receives and pays out during administration, capped at five percent of the gross estate — and it is expressly not allowed on funds already in the bank at death, on life-insurance proceeds, or on distributions to heirs (Tex. Est. Code § 352.002). Here is what that means in dollars.

A $650,000 estate, valid will

$350,000 home

Real property that passes under the will — not cash the executor receives or pays out

$200,000 in bank & brokerage accounts at death

Excluded — funds on hand or in a financial institution at death § 352.002(b)(2)(A)

$50,000 life-insurance policy

Excluded — life-insurance proceeds § 352.002(b)(2)(B)

$30,000 final wages + tax refund collected in administration

Cash actually received during administration — 5% applies

$1,500

Cash distributed to the heirs

Excluded — paying out to an heir or legatee § 352.002(b)(2)(C)

Statutory executor commission

5% cap on the gross estate would be $32,500 — the actual commission is far lower

≈ $1,500

The attorney's fee is separatefrom the executor's commission — the estate pays the probate attorney's reasonable and necessary fees for handling the proceeding (Tex. Est. Code § 352.051), which track the type of administration and the complexity of the estate. If the executor sells the home during administration, the sale proceeds are cash the executor receives, and commission can apply to that.

What You Are Really Paying For

Six Things That Move the Price

The type of administration

This is the single biggest driver. A muniment of title or small estate affidavit is a one-and-done filing; an independent administration is the efficient full-probate path; a dependent administration — where the court approves each step — costs the most. Whether the estate qualifies for the cheaper path depends on whether there is a valid will and whether the estate is solvent.

Whether there is a valid will

Dying without a will (intestate) usually adds a determination of heirship to establish who inherits, and often pushes the estate into a supervised administration. A clear, properly executed will is the least expensive way through probate — and missing the four-year deadline to probate a will (Tex. Est. Code § 256.003) can force a costlier heirship instead.

The size and mix of assets

A home and a couple of bank accounts is straightforward. Rental property, mineral interests, a business, brokerage accounts, or real estate in more than one state each add work — appraisals, retitling, and sometimes ancillary probate in another state — that raises the fee.

Debts and creditors

An estate with many creditors, disputed claims, or a mortgage and liens to resolve takes more attorney time than a debt-free estate. Creditor-notice periods and claim disputes are a common reason a probate runs longer and costs more.

Family agreement — or conflict

When the heirs agree, an independent administration moves quickly. A will contest, an executor dispute, or a fight among heirs turns probate into litigation, which is priced entirely differently. Contested estates are handled by our probate-litigation team.

Court and publication costs

Every probate carries county court filing fees (commonly a few hundred dollars, set by each county) and the cost of publishing the required notice to creditors. These are fixed, third-party costs on top of the attorney's fee — modest, but part of the total.

The Comparison That Matters

Waiting Usually Costs More Than Probate Itself

The most expensive probate is the one that started too late. A will must generally be admitted to probate within four years of death (Tex. Est. Code § 256.003); after that, the cheap options narrow and the family may be forced into a determination of heirship instead of a simple muniment of title. Estates with no will, family conflict, or unresolved debts also cost more — precisely the situations a short case review can flag early.

See what a will, probate, and Medicaid planning cost in Texas, compare it to the cost of an estate plan that is built to avoid probate, or read more about the Texas probate process.

Who Handles Your Probate

A Free Case Review Before You Spend a Dollar

Probate at WG Law is led by Therese Gutierrez and Philip Burgess. Before you commit to anything, they offer a free probate case review — a short conversation that tells you whether you need a full administration or whether a cheaper shortcut like a muniment of title or small estate affidavit will do. Therese is bilingual (English, Filipino, Tagalog), a genuine asset for cross-border estates.

The firm has handled more than 2,000 probate matters and is trusted by 350+ five-star clients across North Texas. We review the estate first and quote the fee before any work begins — no surprises.

Probate Overview Contested Estates Meet Therese Gutierrez

Common Questions

Probate Cost — FAQ

How much does probate cost in Texas?

Total probate cost is the sum of three things: county court filing fees (commonly a few hundred dollars, set by each county), the cost of publishing the required notice to creditors, and the attorney's fee, which depends on the type of administration and the complexity of the estate. An independent administration of a straightforward estate with a valid will is the least expensive full-probate path; a muniment of title or small estate affidavit costs less still; and a dependent administration, a will contest, or an estate with many creditors or out-of-state property costs more. WG Law quotes probate fees after reviewing the specific estate, and probate matters qualify for a free case review before you commit.

How is the executor paid in Texas, and how much is the commission?

A Texas executor or administrator is entitled by statute to a five percent commission — but only on the cash the executor actually receives and pays out during the administration, and never more than five percent of the estate's gross fair market value (Tex. Est. Code § 352.002). Critically, that commission is NOT allowed on money that was already in the deceased's bank or brokerage accounts at death, on life-insurance proceeds, or on cash distributed to heirs and beneficiaries as such. Because most of a typical estate is either real property or cash sitting in accounts at death, the true statutory commission is often far smaller than five percent of the estate's value — and many family-member executors waive it entirely.

Can you give a worked example of the executor's commission?

Take a $650,000 estate with a valid will: a $350,000 home, $200,000 in bank and brokerage accounts at death, a $50,000 life-insurance policy paid to a named beneficiary, and $30,000 in final wages and a tax refund the executor collects during the administration. The $200,000 already in accounts at death is excluded, the $50,000 of life insurance is excluded, and cash distributed to the heirs is excluded — so the five percent commission applies only to the $30,000 actually collected in cash during administration, which is about $1,500. The five percent cap on the gross estate would be $32,500, but the actual statutory commission here is roughly $1,500 because of the § 352.002 exclusions. (If the executor sells the home during administration, the sale proceeds are cash the executor receives, and commission can apply to that.)

How is the probate attorney paid, and is that separate from the executor?

Yes — they are two separate payments out of the estate. The executor's commission is set by Tex. Est. Code § 352.002. The attorney's fee is separate: the estate pays the probate attorney's reasonable and necessary fees for handling the proceeding (Tex. Est. Code § 352.051). Those fees track the type of administration and the complexity of the estate, which is why an independent administration of a clean estate with a valid will is the least expensive path. WG Law reviews the estate first and quotes the fee before any work begins.

Do I even need to go through full probate in Texas?

Not always. If there is a valid will and no debts other than those secured by real estate, a muniment of title (Tex. Est. Code § 257.001) can transfer property with a single order and no administration. If the person died without a will and the estate (excluding the homestead and exempt property) is worth $75,000 or less, the heirs may be able to use a small estate affidavit (Tex. Est. Code § 205.001) instead. Part of the value of a free probate case review is finding out whether you qualify for one of these cheaper shortcuts before you pay for a full administration.

Is probate cheaper with a will or without one?

With a will. A properly executed will that names an independent executor is the least expensive way through Texas probate. Dying without a will (intestate) usually adds a determination of heirship to establish who inherits, and frequently pushes the estate into a court-supervised dependent administration — both of which add cost and time. Missing the four-year deadline to probate a will (Tex. Est. Code § 256.003) can also force the more expensive heirship route, so filing promptly preserves the least-cost options.

Does WG Law charge for a probate consultation?

Probate matters qualify for a free probate case review — a short conversation in which Therese Gutierrez or Philip Burgess reviews your situation, tells you whether you need a full administration or a cheaper shortcut like a muniment of title, and points you to the next step. It is not a full consultation; it is a case review. WG Law has handled more than 2,000 probate matters. Call 214-250-4407 or request your free probate case review to get started.

Start With a Free Case Review

Find Out What Your Probate Will Actually Cost

Tell us about the estate, and Therese or Philip will tell you which procedure fits and what it costs — before you commit. An intake specialist responds within one business day.

Free Probate Case Review 214-250-4407