How Does Estate Planning Work in Texas?

Your complete Texas estate planning overview: probate costs, will execution requirements, trust rules, and what happens if you die without a plan.

Frequently Asked Questions

Probate in Texas uses reasonable compensation for attorney fees, typically 2.2-3.5% of the estate value — about $30,659 all-in on a $500,000 estate. Estates under $75,000 may qualify for simplified probate.

Simple estates in Texas typically take 4-6 months through probate. Complex or contested estates can take 1-3 years. A revocable trust avoids probate entirely.

Texas does not require witnesses for trust execution. Notarization is not required for validity, though many financial institutions require notarized trust documents. Texas has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 48 months), which the trustee settles before distributing.

Texas offers remote online notarization (RON) for estate planning documents and transfer-on-death deeds to pass real estate without probate. These tools, combined with revocable trusts and beneficiary designations, provide multiple ways to transfer assets without probate.

A healthcare power of attorney in Texas requires 2 witnesses or notarization to be valid. A financial power of attorney requires notarization. A financial power of attorney is not durable by default — it must include specific durability language to survive incapacity.

In Texas, the executor must file an inventory of the estate's assets within 90 days of appointment. A revocable trust skips the court-supervised inventory entirely, so a trustee distributes assets without filing one.

In Texas, divorce automatically revokes a beneficiary designation that names a former spouse on covered accounts, so the asset does not pass to the ex-spouse unless the designation is renewed after the divorce.

Estate Planning in Texas

Estate planning in Texas is shaped by community-property rules and remote online notarization. The choice between a will and a revocable trust depends on which of those features changes the cost or process for your situation, not on any single rule.

Probate in Texas runs attorney fees on a reasonable-compensation standard, typically 2.2-3.5% of the estate value, with room to negotiate. A simple estate typically closes in 4-6 months, and the 4-month creditor-claim window sets the floor. Estates under $75K can use the Small Estate Affidavit and avoid full probate administration. In Texas the affidavit is filed with the court, and holders honor it once filed — but no personal representative is appointed and no letters issue.

For a revocable trust, Texas does not require witnesses for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. Texas has not adopted the Uniform Trust Code; trust administration follows the state's own rules, which can affect trustee duties and beneficiary remedies.

Texas offers transfer-on-death deeds, which move real estate to a named beneficiary at death without probate and remote online notarization for estate documents, so signing can happen over secure video. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

SimplyTrust Editorial·Updated July 13, 2026

Sources

tcss.legis.texas.gov

Data sourced from Texas estate law primary sources (4 pages reviewed). How we research.

Texas Estate Planning Tools

Answer a specific Texas question: How much does probate cost in Texas? · Who inherits without a will in Texas? · Do I need probate in Texas? · How much does a will cost in Texas? · How much does a trust cost in Texas? · How do I sign a will in Texas?

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