Tools for Settling an Estate in Texas

After a death in Texas, the estate either qualifies for the simplified procedure for estates under $75,000 or goes through probate, where creditors have 4 months to file claims after notice.

All Planning ahead Settling an estate

25 tools for Texas

How Much Does Probate Cost?

Probate on a $500,000 estate in Texas costs an estimated $27,634. Attorney fees run 2.2% to 3.5% of the estate under a reasonable-compensation standard.

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How Much Can an Executor Charge?

Texas pays executors reasonable compensation, typically 2.2% to 3.8% of the estate.

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Who Inherits Without a Will?

Texas is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Texas, descendants divide what passes to them per capita with representation, and an heir must survive the decedent by 120 hours to inherit.

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What's Fair Trustee Compensation?

In Texas, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent) unless the trust instrument sets a different amount.

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How Much Are Estate & Inheritance Taxes?

Texas levies no estate or inheritance tax; only the federal estate tax applies above $15,000,000.

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How Many Death Certificates Do I Need?

In Texas, certified death certificates come from the Texas Department of State Health Services - Vital Statistics Section; the first copy costs $20, additional copies $3 each.

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Do I Need Probate?

In Texas, estates valued at $75,000 or less use the Small Estate Affidavit, 30 days after death, a court filing short of full probate.

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What Taxes Apply to My Inheritance?

Texas imposes no inheritance or estate tax; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.

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How Does Step-Up in Basis Work?

Inherited assets in Texas take a basis reset to fair market value on the date of death, and the gain on a later sale faces no state capital gains tax.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Texas costs an estimated $27,634 and takes 4 months to 6 months for a simple estate, with attorney fees of typically 2.2% to 3.5% of the estate. Estates under $75,000 can use a small-estate procedure instead.

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What Are the Burial and Cremation Laws in My State?

Texas allows you to name your own agent in a signed, written document, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.

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How Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

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Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

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Can I Self-File Probate?

Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.

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How Do I Get Appointed as Executor?

In Texas, the probate court appoints the personal representative and the County clerk issues Letters Testamentary or Letters of Administration; every appointment goes through the court.

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What Are the Creditor Claim Deadlines?

In Texas, the 4 months a creditor has to present a claim run only from receipt of the written notice the personal representative mails; without notice, a claim can be presented until the estate closes.

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What Happens When an Estate Is Insolvent?

When an estate owes more than it holds, Texas pays the claims in 8 classes in statutory order, beginning with funeral expenses (up to $15,000) and last illness expenses (up to $15,000).

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How Do I Open an Estate Account When Someone Dies?

Compare estate-account opening requirements bank by bank: channels, required documents, and steps.

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How Do I Open a Trust Account at My Bank?

Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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Settling an estate in Texas means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 6 months to 12 months on average, and the creditor claim period of 4 months is the floor. In a probate case the inventory of estate assets is due within 90 days of appointment, and Texas requires a formal appraisal.

Texas has no single statewide fill-in petition; the opening document is prepared to statute and filed with the probate court. County clerk issues Letters Testamentary or Letters of Administration after the court grants the petition.

Texas sets no fixed claim period: creditors can present claims any time before the estate closes, and a creditor's own deadline starts only if the personal representative sends that creditor the optional written notice. Distributing assets before the period has run can leave the executor personally liable for a claim that arrives later.

Texas allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules pay. Courts consider the size and complexity of the estate, the time spent, and the executor's skill and experience. Executors can waive the fee entirely or accept a reduced amount.

Settling a trust in Texas starts when the successor trustee accepts the role: the trustee obtains death certificates and an EIN for the now-irrevocable trust, notifies the beneficiaries, takes inventory of the trust assets, settles the grantor's debts and taxes, and distributes what remains under the trust terms. The process runs privately, without probate court supervision.