How Much Does Probate Cost in Texas?
Compare filing fees, attorney costs, and timelines across the most common probate options in Texas.
Quick Summary
Texas probate filing fees vary by county (typically $250-$450). Fees shown are typical ranges. Contact your county clerk for exact fees.
Probate Cost by Procedure
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit | Under $75,000 (no will) | $300-$400* | 30+ days after death | No | Small estates without a will |
| Affidavit of Heirship | Any (real estate only) | $0 (filed in deed records) | 1-2 weeks | No | Transferring real estate title only |
| Muniment of Title | Any (no unsecured debts) | $300-$400* | 1-3 months | No (but recommended) | Estates with a will and no unsecured debts |
| Independent Administration | Any | $300-$400* | 6-12 months | No (but recommended) | Most estates, minimal court supervision |
| Dependent Administration | Any (court supervised) | $300-$400* | 12-24 months | Recommended | Contested estates, complex situations |
Additional Costs to Expect
Attorney Fees
Texas has no statutory fees. Attorneys charge flat fees or hourly rates. Simple muniment of title may cost $1,500-$3,500. Full administration typically $3,000-$7,000+.
Executor/Administrator Bond
May be required unless waived by will. Premium is typically 0.5-1% of bond amount.
Publication/Notice
Notice to creditors must be published in a newspaper. Required for most probate types.
Appraisal Fees
Real estate and business appraisals. May be required for inventory.
Filing & Recording Fees
Certified copies, recording deeds, and miscellaneous court filings.
Ad Litem Attorney
Required if heirs are unknown, minors are involved, or will is probated late (after 4 years).
Typical Total Cost Ranges
Source Notes
- Statute / Authority
- Texas Estates Code
- Fee Source
- County-specific (fees set by each county)
- Last Verified
- March 2026
- Notes
- Based on Travis, Harris, Dallas, and Bexar County fee schedules
Frequently Asked Questions
What is the cheapest way to transfer assets in Texas?
Affidavit of Heirship is the cheapest option (around $50 in recording fees) for transferring real estate without court involvement. Small Estate Affidavit costs $300-$400 for estates under $75,000 without a will. Muniment of Title is often the most affordable court option when there is a will.
Do I need an attorney for probate in Texas?
Texas does not legally require an attorney for probate. However, the process is complex and most people hire an attorney. Small Estate Affidavits and Affidavits of Heirship are often done without an attorney.
How much does a probate attorney cost in Texas?
Texas probate attorneys typically charge flat fees: $1,500-$3,500 for Muniment of Title, $3,000-$7,000 for Independent Administration. Complex or contested cases can cost $10,000+. Unlike California, Texas has no statutory attorney fee schedule.
What is Muniment of Title and when can I use it?
Muniment of Title is a simplified Texas probate procedure where the will serves as proof of title. It requires: (1) a valid will, (2) no unpaid unsecured debts, and (3) filing within 4 years of death. No executor is appointed and there is minimal court supervision.
What is the deadline to probate a will in Texas?
Texas has a 4-year deadline to probate a will. After 4 years, the will can still be probated as a Muniment of Title, but an attorney ad litem must be appointed, adding $500-$2,000 in costs.
How long does probate take in Texas?
Affidavit of Heirship takes 1-2 weeks. Small Estate Affidavit requires 30-day waiting period. Muniment of Title typically takes 1-3 months. Independent Administration takes 6-12 months including the 4-month creditor period.
Are probate fees the same across all Texas counties?
No. Unlike California and Florida, Texas probate filing fees vary significantly by county, typically ranging from $250 to $450. Rural counties tend to have lower fees than major metropolitan areas like Houston (Harris County), Dallas, or Austin (Travis County). Always contact your county clerk for exact current fees before filing.
Estimate Your Texas Probate Path
Use our Texas assessment and calculator tools to see which probate process may apply and what it may cost.