Estate planning attorneys in Texas average $387Clio Compare Lawyer Rates, Texas: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work. A flat-fee package runs $1,161Estimate: 3 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a simple individual will and $4,130Estimate: 10 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,195Estimate: 15 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a basic revocable trust. An online service prices the same documents in the tens to low hundreds of dollars; the Texas will cost calculator sets the two side by side.

In Texas, estates valued at $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or less use the Small Estate AffidavitTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source, 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source after death, a court filing short of full probate. That route is a form rather than a court case, and most families handle it without an attorney. Above the line, formal probate generally benefits from counsel for the procedural work, even when nothing is contested. The Texas probate calculator estimates the cost by estate value.

In Texas, the situations where counsel is typically worth the cost are: a blended family with children from a prior relationship (community property rulesTex. Est. Code § 201.002Verified Sep 10, 2026View source can produce a surprising split); a business, rental property or significant investment assets; a dependent with special needs, who needs a special-needs trust to keep benefits; substantial property in more than one state. Where none of these apply, an online or self-help document is often enough.

Filter the directory by county and by the practice area you need, and look for experience with your situation; a board certification in estate planning, trust or probate law is a strong signal. Most Texas estate planning attorneys offer an initial consultation, some free and some for a flat fee. Ask up front whether the firm bills by the hour or by package, and what your situation is expected to cost.

Forms for Planning and Settling an Estate in Texas

Free Texas forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Last Will and Testament

In Texas, a will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyTex. Est. Code § 251.051Verified Sep 16, 2026View source.

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Pour-Over Will

In Texas, a pour-over will is signed before 2Tex. Est. Code § 251.051Verified Sep 16, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning and Settling an Estate in Texas

Free calculators and checklists for planning or settling an estate in Texas: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Are Estate & Inheritance Taxes?

Texas levies no estate or inheritance taxNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

Texas imposes no inheritance or estate taxNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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How Does Step-Up in Basis Work?

Inherited assets in Texas take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxTex. Const. Art. VIII § 24-b, CAPITAL GAINS TAX PROHIBITED (added Nov. 4, 2025) — "the legislature may not impose a tax on the realized or unrealized capital gains of an individual, family, estate, or trust"; and § 24-a, INDIVIDUAL INCOME TAX PROHIBITED (added Nov. 5, 2019)Verified Sep 15, 2026View source.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Texas runs $4,130Estimate: 10 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,195Estimate: 15 hours at $413, Clio's Texas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,161Estimate: 3 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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