How Much Does Probate Cost in Texas?
Compare filing fees, attorney costs, and timelines across the most common probate options in Texas.
Quick Summary
- Affidavit of Heirship
- $50Recording fees only
- Small Estate
- $300-$400Under $75K, no will
- Muniment of Title
- $300-$400Will, no debts
- Full Administration
- $300-$400+All other cases
Texas probate filing fees vary by county (typically $250-$450). Fees shown are typical ranges. Contact your county clerk for exact fees.
Typical Total Cost Ranges
Estimate your county’s exact feesProbate Cost by Procedure
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| 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+. Texas probate attorney hourly rates typically range from $200 to $500 depending on experience and location.
Executor Compensation (Statutory)
Texas Estates Code Section 352.002 provides for a commission of 5% of all amounts the executor actually receives or pays out in cash. Many wills specify executor compensation or waive it entirely; the will's terms control over the statutory formula.
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. Certified copies of Letters Testamentary and court orders run $2-$5 per page; additional filings (motions, applications) cost $25-$75 each.
Ad Litem Attorney
Required if heirs are unknown, minors are involved, or will is probated late (after 4 years).
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Texas Medicaid estate recovery guide explains when that applies.