For anyone planning an estate in Texas or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under Texas law.
36 tools for Texas
Probate in Texas takes 4 months to 6 months for a simple estate and charges 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; assets held in a revocable trust skip both.
Texas authorizes transfer on death deedsTex. Estates Code 114.001 to 114.106Verified Jul 15, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
Texas allows a transfer-on-death beneficiary designation on a vehicle titleTex. Transp. Code 501.0315; Tex. Estates Code ch. 115Verified Aug 25, 2026View source, filed through the Texas Department of Motor Vehicles (TxDMV), through county tax assessor-collector offices using Form VTR-121.
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.
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.
In Texas, the 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source 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.
When an estate owes more than it holds, Texas pays the claims in 8Tex. Est. Code § 355.102Verified Sep 23, 2026View source classes in statutory order, beginning with funeral expenses (up to $15,000) and last illness expenses (up to $15,000).
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
Texas has no state income tax, so only the federal final Form 1040 is due for the decedentTex. Const. Art. VIII, § 24-a (added by Proposition 4, Nov. 5, 2019; former § 24 repealed)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Estimate the fair market value of household items for probate and see how it affects fees.
In Texas, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee.
Settling an estate in Texas: the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment; creditors have 4 monthsTex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Sep 15, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
Settling a trust in Texas happens outside court: the trustee acts under the state's trust statuteTex. Prop. Code § 111.001 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
After a death in Texas, the estate either qualifies for the simplified procedure for estates under $75,000Tex. Est. Code § 205.001/205.006Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source to file claims after notice.