Texas Probate Costs and Attorney Fees (2026)

Texas probate costs vary by estate complexity and size. Here's what to budget.

Attorney notice: Texas courts generally require an executor or administrator to be represented by an attorney in probate court. A narrow exception applies when the executor is the only beneficiary (Suday v. Suday, Tex. 2025), and many courts have their own policies. Ask the court before filing.

Non-Attorney Costs

Expense	Cost
Probate court filing fee	Varies by county (typical; varies by county)
Death certificates (10)	$150 - $250
Inventory filing	$50 - $100
Publication of notice	$200 - $400
Appraisals (if needed)	$500 - $3,000
CPA/tax services	$1,000 - $2,500
Subtotal	$2,100 - $6,650

Attorney Fees

Texas has no statutory attorney fee schedule like California. Attorneys typically charge (typical; varies by county and attorney):

• Flat fee: $3,000 to $8,000 for uncontested probate
• Hourly rate: $200 to $400 per hour
• Percentage: Some negotiate a percentage of estate value (typically 1-3%)

For a $200,000 probate estate with an uncontested will, expect total legal fees of $4,000 to $7,000.

Small Estate Affidavit Costs

Intestate estates with non-exempt assets of $75,000 or less (court filing fees vary by county and are in addition to the items below):

Item	Cost
Death certificates	$150 - $250
Notary	$10 - $30
Document copies	$20 - $50
Postage	$30 - $50
Total (before court fees)	$210 - $380

Illustrative Example: $180,000 Texas Estate

Category	Cost
Filing and court costs	$400 - $600
Death certificates and publishing	$400 - $600
Appraisals (if real property)	$800 - $1,200
CPA/tax services	$1,000 - $1,500
Attorney fees (flat fee typical)	$4,000 - $6,000
Total	$6,600 - $9,900

Executor Compensation

Under Texas Estates Code Section 352.002, a court-approved executor or administrator may receive a commission of 5% on cash actually received and paid out, capped at 5% of the estate's gross fair market value. No commission is allowed on cash paid to heirs or legatees, and the court must find that the executor complied with the Code. Cash that was already in the decedent's accounts at death and life insurance proceeds are not counted. Many family executors waive compensation.

Ways to Reduce Costs

1. Use the small estate affidavit if it applies (can reduce costs substantially)
2. Choose flat fee over hourly (more predictable)
3. Keep organized records (reduces attorney time)
4. Handle routine tasks yourself (collect documents, notify institutions)
5. Use ExecutorBench ($199 guided or $499 complete) to keep tasks and deadlines organized, alongside advice from an attorney when you need it

Use ExecutorBench's probate cost estimator to get an estimate for your Texas estate.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. Actual costs vary by county and complexity. Consult an attorney licensed in Texas for a specific quote.