How Does Estate Planning Work in Texas?

Probate on a $500,000 estate in Texas costs an estimated $27,634 and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2.2% to 3.5% of the estate. Estates under $75,000 can use a small-estate procedure instead.

A simple estate in Texas typically takes 4 months to 6 months through probate, and an average estate 6 months to 12 months; a contested one runs longer. The creditor claim period of 4 months is the floor. A funded revocable trust avoids probate entirely.

Texas has not adopted the Uniform Trust Code and 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 and no trust-specific claims bar — the settlor's debts stay subject to the general limitations period, and the trustee settles the known ones before distributing.

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 durability language to survive incapacity.

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

In Texas, divorce automatically revokes a beneficiary designation that names a former spouse on the 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.

A will goes through probate, with attorney fees of typically 2.2% to 3.5% of the estate. A simple estate typically closes in 4 months to 6 months, and the 4 months creditor-claim window sets the floor. Estates under $75,000 can use the Small Estate Affidavit and avoid full probate administration. Texas allows real property through this procedure only under state-specific conditions. In Texas the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration 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 October 21, 2026

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Data sourced from Texas statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

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