Texas Probate Costs, Fees & Small Estate Rules
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Probate filing fee
- $250–$450county-set — e.g., Gregg County $360 base
- Small-estate threshold
- $75,000excluding homestead and exempt property; intestate estates only
- Executor compensation
- 5% commission on cash in/outEstates Code § 352.002; capped at 5% of gross estate
- Where filed
- County court / statutory probate court
Texas probate filing fees are set by county clerks and typically run $250–$450 (Gregg County, for example, charges a $360 consolidated base fee). Cases are heard in the constitutional county court, a county court at law, or — in the large urban counties like Harris, Dallas, Bexar, Travis and Tarrant — a dedicated statutory probate court.
Texas is unusually rich in probate shortcuts. Estates up to $75,000 in personal property (excluding homestead and exempt property) can use the small estate affidavit if the decedent died without a will. And when there is a valid will but no debts, muniment of title probates the will as a pure title document — no executor, no administration — one of the cheapest probate procedures in the country.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Probate application filing feeGregg County: $360 base, ~$455 with common services | $250–$450 (by county) | Official fee |
| Small estate affidavit filing | similar county base fee | Official fee |
| Publication / posting of notice | $50–$150 | Estimate |
| Attorney (independent administration)most Texas courts require counsel for personal representatives | $2,500–$8,000+ | Estimate |
Fees are county-set. Most Texas probate courts require executors/administrators to be represented by an attorney.
Requirements
| Requirement | Rule |
|---|---|
| Small estate affidavit | Intestate only; ≤ $75,000 personal property (excl. homestead/exempt); transfers homestead real property only |
| Muniment of title | Valid will + no unpaid debts (other than secured real estate) → will probated as title document, no administration |
| Independent administration | Available by will provision or heir agreement — minimal court supervision |
| Filing deadline | Generally within 4 years of death for probate of a will |
The process, step by step
- Pick the procedure. No will + small estate → small estate affidavit. Will + no debts → muniment of title. Otherwise → independent (or dependent) administration.
- File the application. With the county clerk in the decedent's county; pay the county fee. The clerk posts the statutory notice.
- Hearing and letters. Short prove-up hearing; the court admits the will and issues letters testamentary (skip for muniment/affidavit routes).
- Notice to creditors and inventory. Publish notice to creditors; file the inventory (or affidavit in lieu) within 90 days.
- Administer and close. Independent administration usually closes without further court involvement once debts are paid and assets distributed.
Forms & where to file
County clerk of the county where the decedent resided — heard in county court, county court at law, or statutory probate court.
Frequently asked questions
How much does probate cost in Texas?
County filing fees typically run $250–$450. Because most Texas courts require personal representatives to have a lawyer, attorney fees ($2,500–$8,000+ for routine independent administrations) are usually the largest cost.
What is a muniment of title?
A Texas-specific shortcut: when there's a valid will and no unpaid debts (besides real-estate liens), the court admits the will as a 'muniment' — a title document — transferring property without appointing an executor or running an administration.
Who can use the small estate affidavit?
Heirs of someone who died without a will, where personal property (excluding homestead and exempt property) totals $75,000 or less. It can transfer the homestead but no other real estate.
What is independent administration?
Texas's default for well-drafted wills: the executor administers the estate free of court supervision after the initial hearing and inventory — faster and far cheaper than court-supervised (dependent) administration.
Related information
Sources & verification
- Gregg County Clerk — probate fee schedule (2025)
- Texas Estates Code ch. 205 — Small Estate Affidavit
- TexasLawHelp — probate guides (muniment, administration)
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.