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Probate · TX

Texas probate: fees and how long it takes

Texas sets no general deadline for creditors and caps the executor at a single percentage, which is why its probate can be among the quickest or the longest.

Rules read on official Texas pages on · Checked by Radif Partners · How we calculate

Creditor claim period
See rules
Small-estate limit
$75,000
Executor and attorney fees
Set by statute
Statutory fees, $500,000 estate
$25,360

Texas probate fees are capped rather than scheduled: an executor or administrator earns 5% of the cash actually received or paid out during administration, never more than 5% of the estate's gross market value, so at most $30,000 on a $600,000 estate, and the real figure is often much lower because cash in the bank at death, life insurance and payments to heirs earn nothing. Lawyers are paid reasonable fees approved by the court, and opening a new estate costs $360 at the Harris County Clerk. Texas also stands apart on timing. There is no statewide bar date for creditors: a claim can be presented at any time before the estate is closed, unless the representative sends a creditor a permissive notice, which bars that claim if it is not presented before the 121st day after the notice is received. Many Texas wills create an independent administration or go through as a muniment of title, and an uncomplicated estate can then be settled quickly. Intestate estates of up to $75,000 can use the small estate affidavit.

State

Texas

Fees set by statute

Assets in the deceased's name alone, without a beneficiary or joint owner.

Your estimate after the creditor period: 3 to 12 months is common.

Statutory fees and court fee in Texas

$25,360

5.1% of the estate

Executor/administrator commission (Tex. Est. Code § 352.002) (maximum)$25,000
Court filing fee$360
Creditor claim periodsee state rules
Small-estate limit$75,000

Estimate under the Texas probate statutes. Publication, bond, appraisal, extraordinary services and the estate's own taxes are extra. How this is calculated.

A commission that ignores the bank balance

Section 352.002 of the Estates Code pays 5% on money that passes through the representative's hands, then removes three kinds of money from the count: cash on hand or in financial accounts at death, life insurance proceeds, and anything paid to heirs or legatees. Suppose a Houston estate holds a house the administrator sells for $250,000 and $80,000 in a checking account, and the administrator pays $40,000 of debts and expenses in cash. The commission runs on the sale proceeds and the payments, $290,000, giving $14,500. The checking account adds nothing. The cap of 5% of the gross estate would have allowed $16,500, which is the figure the calculator shows as a maximum. When the commission is unreasonably low, or the representative runs a business, the court may award reasonable compensation instead under section 352.003.

Muniment of title and independent administration

Much of Texas probate never becomes a full administration. If the estate owes no debt other than a mortgage or similar lien on real estate, a will can be admitted as a muniment of title: the court order itself transfers the property, no executor is appointed, and no commission is earned. Where an executor is needed, most Texas wills, and many heirs by agreement, choose independent administration, which lets the executor act without court approval after filing the inventory. The court then sees the estate again only if someone asks it to. These two features, more than any fee table, explain why Texas probate is often fast.

The small estate affidavit has a catch

The affidavit of Estates Code chapter 205 works only when there is no will. Since September 1, 2017 it reaches $75,000 of estate assets, leaving out the homestead and exempt property, so a family can keep a modest house and still qualify. A judge must approve the affidavit, and 30 days must pass after death. An estate with a will, even a tiny one, goes another way, usually the muniment of title.

What keeps a Texas estate open

With no general claims deadline, the representative decides how long to wait. Sending permissive notices to unsecured creditors starts their 121-day clocks; skipping them leaves claims possible until closing. Heirship proceedings, needed when there is no will and real estate is involved, add a hearing and an attorney ad litem. The $360 filing figure is the Harris County Clerk's published amount and showed no effective date when we read it on October 8, 2026; other counties set their own. Across the Red River, Oklahoma works with a fixed presentment date instead.

The Texas probate rules this calculator applies

Amounts the executor or administrator actually receives or pays out in cash during administration, excluding cash on hand or in financial institution/brokerage accounts at death, life insurance proceeds and cash paid to heirs or legatees (Tex. Est. Code § 352.002). Read on October 8, 2026.
Estate valueExecutor/administrator commission (Tex. Est. Code § 352.002) (maximum)
$100,000$5,000
$250,000$12,500
$500,000$25,000
$1,000,000$50,000
$2,000,000$100,000

Creditor claims. No general bar date: a claim may be presented at any time before the estate is closed unless barred by the general statutes of limitation (Tex. Est. Code § 355.001). The personal representative must publish notice to creditors within one month after letters (§ 308.051) and may send an unsecured creditor a notice; that creditor's claim is barred if not presented before the 121st day after receipt (§§ 308.054, 355.060). source

Closing the estate. The Estates Code sets no minimum waiting period before closing; claims can be presented until the estate is closed (Tex. Est. Code § 355.001), so representatives commonly wait for the 120-day permissive-notice bar (§ 355.060). source

Small estates. Intestate distributees may collect the estate by a small estate affidavit approved by the judge if 30 days have passed since death, no administration is pending, and the estate assets, excluding homestead and exempt property, do not exceed $75,000 (Tex. Est. Code § 205.001, as amended effective September 1, 2017). The amount is not indexed; the affidavit is for intestate estates only. source

Simplified procedure. A will may be probated as a muniment of title, without administration, if the estate owes no unpaid debt other than debt secured by real estate liens or administration is otherwise unnecessary (Tex. Est. Code § 257.001); a testator may also provide for independent administration free of court supervision (Tex. Est. Code § 401.001). source

Filing fee. Harris County Clerk (probate courts): associated court filing fee of $360.00 for a new estate (probate of a will, administration, heirship, muniment, small estate). source

Personal representative. Executors and administrators who manage the estate properly receive a 5% commission on amounts actually received or paid out in cash, capped in aggregate at 5% of the gross fair market value of the estate; no commission on cash on hand or in financial accounts at death, life insurance proceeds, or payments to heirs or legatees (Tex. Est. Code § 352.002). The court may allow reasonable compensation instead if the commission is unreasonably low or a business is managed (§ 352.003). source

Attorney. The personal representative is entitled to reasonable attorney's fees necessarily incurred in connection with the proceedings and management of the estate, on proof satisfactory to the court (Tex. Est. Code § 352.051). source

Executor/administrator commission (Tex. Est. Code § 352.002) (maximum). 5% commission on all amounts actually received or paid out in cash in administering the estate (Tex. Est. Code § 352.002(a)); the court may allow reasonable compensation instead in the cases of § 352.003. source

Questions people ask

How much does a Texas executor get paid?

Up to 5% of the cash the executor receives or pays out, with the total capped at 5% of the estate's gross fair market value. Cash in accounts at death, life insurance and distributions to heirs do not count. In our Houston example, $290,000 of qualifying cash gives $14,500. Many family executors waive the commission, and a will can set a different amount.

Is there a deadline for creditors to file claims in Texas probate?

Not a general one. Texas lets a claim be presented any time before the estate is closed, subject to ordinary limitation periods. The representative must publish a notice within a month of letters and can also send a permissive notice to an unsecured creditor; that creditor's claim is then barred unless presented before the 121st day after receiving it.

Can I use the Texas small estate affidavit if there is a will?

No. The affidavit in Estates Code section 205.001 is for intestate estates only, with assets of $75,000 or less excluding the homestead and exempt property, at least 30 days after death and with no administration pending. When there is a will, the usual low-cost route is probate as a muniment of title, available if the estate has no unpaid debts other than real estate liens.

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Estimate only, not legal advice: the figures on this page apply the state rules published on official sites to the numbers you enter. A court order, the child support agency, the probate court or the workers’ compensation insurer decides the real amount, and a family law or workers’ comp attorney can tell you how the rules apply to your case.

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