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Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Live Oak County can expect.
Before starting probate at the County Clerk (Probate Division), most families want to know what it will cost. The total depends on a few factors: filing fees, attorney fees, and the complexity of the estate.
In Texas, attorney fees are based on reasonable compensationTex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Apr 20, 2026 and typically run 2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Apr 20, 2026 to 4%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Apr 20, 2026 of estate value. For simpler estates, flat-fee arrangements with George West-area attorneys are common.
Estimate the total cost for this estate:
Court filing fees to open probate are $360Tex. Loc. Gov't Code §§ 133.151, 135.102; SB 41 (87th Leg., eff. 1/1/2022)Verified Apr 20, 2026 in Texas, plus additional fees for motions and final accounting.
Attorney fees in Live Oak County typically range from 2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Apr 20, 2026 to 4%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Apr 20, 2026 of estate value, though many local attorneys offer flat-rate arrangements for straightforward cases. Executor compensation in Texas is 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 Apr 20, 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 Apr 20, 2026 of estate value based on reasonable payment for time and effort managing the estate.
Texas requires publishing legal notices to creditors in Live Oak County newspapers, typically costing $200-$500. Professional appraisals for real estate, business interests, or collections add another $300-$600 per property.
The County Clerk (Probate Division) may require a surety bond unless the will explicitly waives it. When required, annual premiums run about 0.5%Tex. Est. Code § 305.101Verified Apr 20, 2026 of estate value.
Probate at the County Clerk (Probate Division) typically takes 6 monthsTex. Est. Code §§ 205.001/205.006Verified Apr 20, 2026 to 12 monthsTex. Est. Code §§ 205.001/205.006Verified Apr 20, 2026, during which these costs add up. Much of that timeline is 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 Apr 20, 2026 creditor claim window—a mandatory waiting period that extends the process regardless of estate complexity.
Data sourced from Texas statutes and official state code. How we research.
Total probate costs usually run 3–8% of the estate value. For Live Oak 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 Live Oak 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 Live Oak County probate.
Live Oak County
301 Houston St, Room 105
George West, TX 78022
Phone:
361-449-2733Fax:
361-449-1616
Email:
request@loctx.orgHours:
Monday - Thursday, 8:00 AM - 5:00 PM; Friday, 8:00 AM - 4:00 PM
Each institution has a separate death claim process. Find yours below.
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