What is the small estate threshold in Texas?

Texas allows a Small Estate Affidavit for estates with personal property valued at $75,000 or less (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)). There is a 30-day waiting period after the date of death before this procedure can be used.

How long does probate take in Texas?

In Texas, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes or unusual assets 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)).

When Is Probate Required in Texas?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.

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Find out if you need probate

Answer a few questions about the estate to see if probate is required or if simplified procedures apply.

Small estates may avoid probate entirely

Trusts pass assets without court involvement

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

Frequently Asked Questions

Texas allows a Small Estate Affidavit for estates with personal property valued at $75,000 or less. There is a 30-day waiting period after the date of death before this procedure can be used.

Real estate in Texas generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Texas, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Texas, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer. Estimate total costs with the Texas probate calculator.

Probate costs in Texas typically include attorney fees, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $31,609 depending on complexity. Use the Texas probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Texas include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.

Probate Requirements in Texas

Estates under $75,000 in Texas may qualify for a . The 30 days waiting period after death is the main delay before heirs can transfer assets outside of court.

When full probate is required in Texas, simple estates typically take 4 months to 6 months to close. Complex estates with disputes, tax issues, or out-of-state property can take significantly longer. The probate cost calculator estimates total fees for Texas estates.

A revocable living trust transfers assets outside the court process. Unlike a will, trust assets in Texas are distributed privately and without the delays of probate. The Texas trust vs. will tool compares planning options side by side.