Probate in Texas

Overview

Texas handles probate through County Probate Courts and Statutory Probate Courts (in larger counties). While not a UPC state, Texas has been influenced by the UPC and has some of the most efficient probate procedures in the country, including independent administration, muniment of title, and small estate affidavits. As a community property state, how assets are classified between community and separate property significantly affects estate distribution. Texas has no state estate or inheritance tax.

Key Facts

• Governing Law: Texas Estates Code
• Court: County Probate Court / Statutory Probate Court
• Small Estate Threshold: $75,000
• Typical Timeline: 6 to 12 months for standard estates; independent administration and muniment of title can be much faster
• Follows UPC: No

What Makes Texas Unique

• Community Property State — Assets acquired during marriage are community property. The surviving spouse automatically owns their half, and only the decedent's half goes through probate. This can significantly reduce the probatable estate.
• Independent Administration — Texas's default for testate estates allows executors to act without court approval for most matters, including selling property and paying debts. This makes Texas probate faster and less expensive than most states.
• Muniment of Title — When a decedent had a will and no unpaid unsecured debts, the will can be probated as a muniment of title. This transfers property without appointing an executor or full administration, often completing in a single court hearing.
• Small Estate Affidavit (Intestate Only) — Available only when the decedent died without a will. The $75,000 threshold excludes homestead and exempt property. Court approval is required, and all heirs must sign.
• No State Estate or Inheritance Tax — Texas does not impose a state estate tax or inheritance tax, reducing overall transfer costs.
• Homestead Protection — Texas has strong homestead protections. The homestead cannot be sold to pay most debts and has special transfer rules in probate.

Probate Process Steps

1. File application for probate of will (or determination of heirship for intestate estates) with County/Statutory Probate Court
2. Court hearing to admit will and appoint executor/administrator
3. Post bond (unless waived by will for independent administration)
4. Letters testamentary or letters of administration issued
5. Send notice to beneficiaries and known creditors
6. Publish notice to creditors in a county newspaper
7. File inventory, appraisement, and list of claims within 90 days of appointment
8. Allow creditor claims period (secured creditors have specific deadlines; general deadline is filing of inventory)
9. Pay valid debts, taxes, and administrative expenses
10. Distribute assets and file closing affidavit or final accounting

Costs & Fees

Fee Structure: Texas does not have a statutory fee schedule for attorneys. Fees are negotiated between attorney and client. Personal representative compensation is set at 5% of amounts received and 5% of amounts paid out, unless the will specifies otherwise. Court filing fees vary by county.

Typical Attorney Fees: $2,000 – $5,000 for simple independent administration; $1,500 – $3,000 for muniment of title; $5,000 – $15,000+ for complex or dependent administration

Non-Lawyer Fees: $300 – $1,500 including court filing fees ($200–$400), publication costs ($100–$300), bond premiums (if required), certified copies, and recording fees

Independent administration and muniment of title significantly reduce costs compared to supervised/dependent administration. Community property classification can reduce the probatable estate. No state estate or inheritance tax further reduces costs.

Frequently Asked Questions