How much does probate cost in Texas?

Texas uses reasonable compensation for probate fees, typically 2.2-3.5% of the estate value for attorney fees alone (Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)). A trust avoids probate costs entirely.

What is the small estate limit in Texas?

Estates with personal property under $75,000 may qualify for simplified probate in Texas (Tex. Est. Code §§ 205.001/205.006 (small estate), 256.003 (4-year will filing deadline), 257.001 (muniment of title), 305.101 (bond), 308.051 (publication), 352.002 (executor commission; cash-flow base with § 352.002(b) exclusions and 5% gross-FMV cap), 352.051 (attorney fees), 355.001 (general claim presentment), 355.060 (121-day claim bar), 401.001-401.003 (independent administration); Tex. Loc. Gov’t Code § 135.102 (consolidated probate filing fee, S.B. 41 2021); re-verified 2026-07-14 against tcss.legis.texas.gov (codified Estates Code text)). This process is faster and less expensive than full probate, but a trust still avoids it entirely.

How long does probate take in Texas?

Simple estates in Texas typically take 4-6 months through probate. Complex estates with disputes or multiple properties can take 12-24 months or longer (Tex. Est. Code §§ 205.001/205.006 (small estate), 256.003 (4-year will filing deadline), 257.001 (muniment of title), 305.101 (bond), 308.051 (publication), 352.002 (executor commission; cash-flow base with § 352.002(b) exclusions and 5% gross-FMV cap), 352.051 (attorney fees), 355.001 (general claim presentment), 355.060 (121-day claim bar), 401.001-401.003 (independent administration); Tex. Loc. Gov’t Code § 135.102 (consolidated probate filing fee, S.B. 41 2021); re-verified 2026-07-14 against tcss.legis.texas.gov (codified Estates Code text)). A revocable trust avoids probate entirely, with assets typically distributed within weeks.

What is the difference between a trust and a will in Texas?

A will goes through probate in Texas; a trust does not. Probate adds cost, time, and public disclosure. The trade-off is upfront setup cost for a trust versus potential probate costs later.

How do I estimate what probate would cost in Texas?

A state-specific probate calculator estimates attorney fees, executor fees, court costs, and the probate timeline based on Texas statutes and your estate value (Tex. Est. Code §§ 205.001/205.006 (small estate), 256.003 (4-year will filing deadline), 257.001 (muniment of title), 305.101 (bond), 308.051 (publication), 352.002 (executor commission; cash-flow base with § 352.002(b) exclusions and 5% gross-FMV cap), 352.051 (attorney fees), 355.001 (general claim presentment), 355.060 (121-day claim bar), 401.001-401.003 (independent administration); Tex. Loc. Gov’t Code § 135.102 (consolidated probate filing fee, S.B. 41 2021); re-verified 2026-07-14 against tcss.legis.texas.gov (codified Estates Code text)).

Do I Need a Trust in Texas?

Find out if a revocable living trust makes sense in Texas based on your estate value, property, and family situation. Free assessment with probate cost estimates.

Do you need a revocable trust?

Answer a few questions to see how people in similar situations typically plan, based on your state's laws.

Without a trust — assets go through probate court

With a trust — assets transfer privately, no court

This tool provides general information and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

Frequently Asked Questions

It depends on your estate size. Texas allows simplified probate for estates under $75,000. Above that threshold, probate takes 4-6 months and costs about $31,609 on a $500,000 estate. A trust avoids probate entirely.

Texas uses reasonable compensation for probate fees, typically 2.2-3.5% of the estate value for attorney fees alone. A trust avoids probate costs entirely. See a detailed breakdown with the Texas probate calculator.

Estates with personal property under $75,000 may qualify for simplified probate in Texas. This process is faster and less expensive than full probate, but a trust still avoids it entirely.

Simple estates in Texas typically take 4-6 months through probate. Complex estates with disputes or multiple properties can take 12-24 months or longer. A revocable trust avoids probate entirely, with assets typically distributed within weeks.

A properly funded revocable trust in Texas avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 4-6 month minimum probate timeline. Assets in the trust transfer directly to beneficiaries.

A will goes through probate in Texas; a trust does not. Probate adds cost, time, and public disclosure. Compare the full trade-offs with the Texas trust vs. will comparison.

The Texas probate calculator estimates attorney fees, executor fees, court costs, and the probate timeline based on Texas statutes and your estate value.

Do You Need a Trust in Texas?

Attorney fees in Texas are based on reasonable compensation, typically 2.2% to 3.5% of the estate. There's room to negotiate, but the cost still comes out of the estate. A trust avoids these fees entirely, regardless of estate size — see the calculator for Texas-specific numbers via the probate calculator.

Texas is a community-property state. Community property passing to the surviving spouse often bypasses probate by operation of law, which lowers the marginal benefit of a trust for first-spouse-to-die. The bigger reason to fund a trust here is the second death, when separate property and the spouse's share of community property hit probate together.

Texas's small-estate cutoff is $75,000. Below it, probate is short and a trust is overkill for most families. Above it, the trust math gets real — probate fees scale with estate size and the process is public.

When a trust is the better fit, the Texas revocable trust form creates the document with state-specific signing language. The trust or will tool shows how each path actually plays out.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from Texas statutes and official state code. How we research.

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