Texas allows estates valued at $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or less to use the Small Estate AffidavitTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source, which avoids full probate administration. In Texas the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue. The waiting period is 30 daysTex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source after death.
Probate costs in Texas typically include attorney fees of typically 2.2%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source to 3.5%Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source of the estate, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source, roughly 6% of estate value, varying with complexity. Estimate executor compensation separately with the Texas executor fee calculator.
Texas intestacy law decides. As a community property stateTex. Est. Code § 201.002Verified Sep 10, 2026View source, Texas distinguishes community property (acquired during the marriage) from separate property (owned before it, or received as a gift or inheritance), and the surviving spouse's share differs for each. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents (and siblings when only one parent survives); Siblings and their descendants; Paternal and maternal kindred (two moieties)Tex. Est. Code § 201.002Verified Sep 10, 2026View source.
No. Texas imposes no state estate tax and no inheritance taxNo state estate or inheritance tax; Tex. Const. Art. VIII, § 26 (added Nov. 4, 2025 — HJR 2, 89th Leg., R.S., approved as Prop. 8) constitutionally prohibits any state estate, inheritance, or death tax. Former inheritance tax (Tex. Tax Code Ch. 211) repealed by SB 752 (84th Leg., R.S. 2015), effective Sept. 1, 2015; pick-up tax inoperative since EGTRRA 2001.Verified Sep 15, 2026View source. Only the federal estate tax applies, on an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source, an exemption the One Big Beautiful Bill Act (P.L. 119-21 §70106) set permanently from 2026 and indexes for inflation.
A will in Texas costs what the provider charges. An online service runs $0 to $299 up front. An attorney in Texas charges around $387Clio Compare Lawyer Rates, Texas: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates, which puts a simple will at $1,161Estimate: 3 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Texas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source. The document is only part of the cost: probate adds about $27,634Tex. Est. Code § 352.051 (reasonable and necessarily incurred fees; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate in fees the heirs pay later.