Texas Inheritance: Plan an Estate or Settle One

Texas has not adopted the Uniform Probate Code, has not enacted the Uniform Trust CodeTex. Prop. Code § 111.001 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActTex. Est. Code § 751.0021Verified Sep 20, 2026View source.

Probate of a simple estate in Texas runs 4 months to 6 months; an average estate takes 6 months to 12 months. The court filing fee is $360Tex. Loc. Gov't Code §§ 133.151(a)(1) ($137 state consolidated), 135.102(a)(1) ($223 local consolidated); both amounts enacted by SB 41 (87th Leg., Acts 2021, ch. 472, §§ 1.02, 1.03, eff. 1/1/2022) and unchanged since. SB 1612 (88th Leg., Acts 2023, ch. 256, eff. 1/1/2024) amended § 133.151(a)(2) (the list of non-original actions) and § 135.102(b)-(c) (the fund allocations) but reprinted the $137 unmarked and did not amend § 135.102(a). SB 1760 (89th Leg., Acts 2025, ch. 855) added an $80 fee for filing a guardianship case transferred from another county (Est. Code § 1023.0071), which H.B. 16 (89th Leg., 2nd C.S.) § 9.22(a) made effective January 1, 2026; it did not change the consolidated amounts. § 133.151(a)(1) ($137) and § 135.102(a)(1) ($223) re-confirmed verbatim 2026-10-17 against tcss.legis.texas.gov/Docs/LG/htm/LG.133.htm and LG.135.htm (the codified-text backend; the canonical statutes.capitol.texas.gov page is a JS shell that serves zero statute text); the history lines name only SB 41 and SB 1612.Verified Sep 8, 2026; attorney fees are reasonable compensationTex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source. The personal representative must post a bondTex. Est. Code § 305.101Verified Sep 8, 2026View source, which the will may waiveTex. Est. Code § 305.101Verified Sep 8, 2026View source.

Certified death certificates come from the Texas Department of State Health Services - Vital Statistics SectionTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source at $20Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source a copy, $3Texas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 20-25 business days via Texas.gov; 25-30 business days by mailTexas Department of State Health Services - Vital Statistics SectionVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 1Tex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source week.

Texas has no elective shareTex. Fam. Code §§ 3.002, 4.002; Tex. Estates Code § 201.003 (community property — no elective share)Verified Sep 15, 2026View source for a spouse left out of the will. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsTex. Prop. Code § 141.021Verified Sep 15, 2026View source of age. Texas has no state income taxTex. Const. Art. VIII, § 24-a (added by Proposition 4, Nov. 5, 2019; former § 24 repealed)Verified Sep 20, 2026View source, so an inheritance and the income it earns are taxed only federally.