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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 fees
Affidavit of Heirship (real estate only)
$350 - $850
Small Estate Affidavit (under $75K)
$870 - $2,000
Muniment of Title
$1,900 - $4,000
Independent Admin ($100,000 estate)
$3,500 - $8,000
Independent Admin ($500,000 estate)
$5,000 - $12,000
Complex/Contested estates
$10,000 - $30,000+

Probate Cost by Procedure

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ProcedureEstate SizeCourt FeeTimelineAttorney?Best For
Small Estate AffidavitUnder $75,000 (no will)$300-$400*30+ days after deathNoSmall estates without a will
Affidavit of HeirshipAny (real estate only)$0 (filed in deed records)1-2 weeksNoTransferring real estate title only
Muniment of TitleAny (no unsecured debts)$300-$400*1-3 monthsNo (but recommended)Estates with a will and no unsecured debts
Independent AdministrationAny$300-$400*6-12 monthsNo (but recommended)Most estates, minimal court supervision
Dependent AdministrationAny (court supervised)$300-$400*12-24 monthsRecommendedContested 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.

$1,500-$7,000+

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.

5% of cash received and paid out

Executor/Administrator Bond

May be required unless waived by will. Premium is typically 0.5-1% of bond amount.

$100-$500+

Publication/Notice

Notice to creditors must be published in a newspaper. Required for most probate types.

$100-$200

Appraisal Fees

Real estate and business appraisals. May be required for inventory.

$300-$500 per property

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.

$50-$200

Ad Litem Attorney

Required if heirs are unknown, minors are involved, or will is probated late (after 4 years).

$500-$2,000

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.

Frequently Asked Questions

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.

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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
SourcesOfficial references used for this page