How Much Does Probate Cost in Hays County, Texas?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Hays County can expect.
Probate in Hays County, Texas runs through the County Court at Law No. 1 at 712 S Stagecoach Trail, Ste 2292, San Marcos. The total cost depends on the estate's size, whether the will is contested, and how much professional help the executor uses.
Texas charges $360Tex. Loc. Gov't Code §§ 133.151, 135.102; SB 41 (87th Leg., eff. 1/1/2022)Verified May 1, 2026 to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the County Court at Law No. 1 (https://efile.txcourts.gov/). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Texas are negotiated, typically 2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified May 1, 2026 to 4%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified May 1, 2026 of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.Verified May 1, 2026 to 4%Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.Verified May 1, 2026 of estate value, based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Texas requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Tex. Est. Code § 305.101Verified May 1, 2026 of estate value annually.
Probate in Texas typically runs 6 monthsTex. Est. Code §§ 205.001/205.006Verified May 1, 2026 to 12 monthsTex. Est. Code §§ 205.001/205.006Verified May 1, 2026, and costs accrue throughout. The 4 monthsTex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)Verified May 1, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
Legal Sources
- Tex. Est. Code § 305.101
- Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.
- Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)
- Tex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)
- Tex. Est. Code §§ 205.001/205.006
- Tex. Loc. Gov't Code §§ 133.151, 135.102; SB 41 (87th Leg., eff. 1/1/2022)
Data sourced from Texas statutes and official state code. How we research.
Frequently Asked Questions
Total probate costs usually run 3–8% of the estate value. For Hays County, that means filing fees ($360 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs $360 in Hays County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
Texas uses "reasonable fees" — usually hourly billing or a percentage of the estate. Typical range is 2%–4% of estate value, negotiable based on complexity.
Texas allows "reasonable" executor compensation, typically 1–5% of estate value depending on complexity. Family executors often waive fees because the fee is taxable income while an inheritance is not.
Yes. Texas estates under $75,000 can use a small estate affidavit and avoid most probate costs. Check the Texas self-filing assessment to see if this applies.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Hays County probate.
County Court at Law No. 1
Hays County
712 S Stagecoach Trail, Ste 2292
San Marcos, TX 78666
Phone:
512-393-7625Fax:
512-393-7633
Email:
ccal@hayscountytx.govHours:
Monday - Friday, 8:00 AM - 5:00 PM
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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