Probate cost in Texas
In Texas, estates up to $75,000 can often skip full probate. For a $300,000 estate, the court fee is set by each county.
Texas's small estate limit is $75,000. Above it, the estate usually goes through probate.
- Court fee to open probatevaries by county
- Attorney fee sourceNo legal schedule: set by agreement or the courtset by agreement
- Executor fee sourceLegal maximum: the real fee can be lower$15,000
Probate totalup to $15,000+
The total leaves out the costs shown without a number.
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | not set by law | not set by law | $5,000 | up to $5,000+ |
| $250,000 | not set by law | not set by law | $12,500 | up to $12,500+ |
| $500,000 | not set by law | not set by law | $25,000 | up to $25,000+ |
| $1,000,000 | not set by law | not set by law | $50,000 | up to $50,000+ |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in Texas
- Small estate limit: $75,000 (Small estate affidavit (Texas Estates Code ch. 205)). Can cover real estate. Heirs wait 30 days after the death. Intestate estates only. The $75,000 cap excludes homestead and exempt property. The judge must approve the affidavit. Real estate: only the homestead, and only if it is the only real property (205.006). Section 205.001 last amended 2017 (H.B. 2271), effective Sept. 1, 2017. Not indexed. Source
- Simplified probate: Probate of will as muniment of title (Texas Estates Code ch. 257). Source
- Court fee: Set by each county. Varies by county. Example: Travis County Clerk charges $360 for an Application for Probate of Will and Issuance of Letters Testamentary, and $2 to issue letters (2026 page). Source
- Attorney fee: No legal schedule: set by agreement or the court. Estates Code 352.051: the PR may recover reasonable attorney's fees necessarily incurred. No schedule. Source
- Executor fee: Legal maximum: the real fee can be lower. Estates Code 352.002. No commission on cash on hand or in bank or brokerage accounts at death, on life insurance proceeds, or on cash paid to heirs or legatees as such. The 5% tier is the cap, not the typical fee. Court may allow reasonable pay instead if the PR runs a business or the 5% is unreasonably low (352.003). Source
Some Texas rules could not be checked on a current official page. Each rule links to the source we used. Confirm with the court or a lawyer before you rely on it.
General information from official state sources, not legal advice.