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Calculator Updated: April 2026

Texas Probate Fee Estimator

Estimate mandatory executor commissions and attorney fees based on Texas probate code.

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*This guide is for educational purposes only and does not constitute legal advice.

Probate in Texas is unique because it offers two distinct paths: Independent Administration (simpler, faster) and Dependent Administration (court-supervised, expensive). Unlike California, Texas does not dictate a fixed percentage for attorney fees.

The '5% Rule' for Executors

Under Texas Estates Code § 352.002, executors are entitled to a commission of 5% on all sums actually received in cash and 5% on all sums paid out in cash. However, this calculation does not apply to cash held in financial institutions or life insurance proceeds. For estimation purposes, this tool calculates a 5% maximum cap.

Executor Fees: The 5% Standard

In Texas, the Personal Representative (Executor) compensation is capped by statute, but Attorney fees are not.

  • 5%
    Executor Commission
    Calculated on funds managed (received/paid). Capped at 5% of the gross estate value.
  • Attorney Fees (Hourly)
    Texas attorneys bill by the hour ($300-$500/hr). A typical simple probate costs $3,500 - $6,000 in legal fees, while complex cases can exceed $15,000.

Can You Skip Probate? (Muniment of Title)

Texas offers a unique alternative called Muniment of Title. This is ideal if there is a valid Will and no debts (except a mortgage).

If the estate is valued under $75,000 (excluding the homestead), you might also qualify for a Small Estate Affidavit. This bypasses the full court process and is significantly cheaper.

What is 'Independent Administration'?

Most Texas wills direct the executor to serve as an 'Independent Executor.' This means once appointed, they can pay debts and distribute assets without asking the court for permission for every single step. This saves thousands of dollars compared to 'Dependent Administration.'

Timeline & Steps

With Independent Administration, Texas probate is surprisingly efficient, often taking just 6 to 9 months.

1. Application Filed

Application for Probate filed in the county court. A hearing is set for about 2 weeks later.

2. Hearing & Letters

The judge verifies the Will and issues 'Letters Testamentary,' giving the executor legal authority.

3. Notice to Creditors

Executor publishes a notice in a newspaper and notifies secured creditors (like mortgage lenders).

4. Inventory & Closing

An Inventory of Assets is filed within 90 days. Once debts are paid, assets are distributed.

Don't Let Probate Eat Your Inheritance

A Living Trust can bypass this entire process.

See How to Avoid It →

Frequently Asked Questions

How much does a probate lawyer cost in Texas?
Unlike California, Texas lawyers do not charge a percentage. Most charge a flat fee ($2,500 - $4,000) for simple uncontested cases, or an hourly rate ($300 - $500/hr) for complex or contested estates.
Does the Homestead go through probate?
The homestead (primary residence) has special protections in Texas. While it technically passes through probate title transfer, it is often exempt from most creditor claims and taxes.
What is the 5% Rule?
The Texas Estates Code allows executors to claim a 5% commission on all money received and all money paid out. However, this does not apply to cash already in banks or life insurance payouts.
What if there is no Will?
If there is no Will, the court must determine heirship. This is more expensive because the court appoints an extra attorney (Attorney Ad Litem) to represent missing heirs, adding $800-$1,500 to the cost.
Probate Disclaimer: This calculator provides statutory estimates for informational and educational purposes only. FinanceSmartUSA is not a law firm. Actual probate fees are determined by the court and may vary based on case complexity.