How much does probate cost in Texas?
25 Jul 2026
Texas caps the executor and sets no schedule at all for the attorney. The executor may take 5% of the cash that actually passes through their hands, in and out, capped in total at 5% of the gross value of the estate — at most $25,000 on a $500,000 estate.
In practice it is usually far less than the cap, because cash already sitting in the bank at the date of death, life insurance proceeds and cash paid out to heirs are all excluded from the commission. The attorney is paid reasonable fees proved to the court, not a percentage. Texas also sets no single fee to open a case — the statute prices individual steps instead.
Tex. Est. Code §352.002 — Texas Statutes · Verified 25 Jul 2026
Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/
Texas publishes no percentage for the estate’s attorney. The representative is entitled to recover reasonable attorney’s fees necessarily incurred, on proof satisfactory to the court.
Tex. Est. Code §352.051(2) · Verified 25 Jul 20265% of cash actually received and 5% of cash actually paid out, capped in the aggregate at 5% of the gross fair market value of the estate subject to administration.
Tex. Est. Code §352.002 · Verified 25 Jul 2026Work it out on your own number
The calculator applies the §352.002 cap to the value you enter and shows the working, with the statute cited underneath. It says plainly that the attorney side is not fixed by law.
Enter any estate value and the calculator works the Texas ceiling to the dollar, with the statute cited under the result and the verification date stamped on it. It opens on the calculator page, already set to Texas and to a $500,000 estate.
What each part costs
Every row is one figure, one source, one date. Where Texas fixes no price, the row says so instead of guessing.
| Fee | Amount or formula | Set by | Source | Verified |
|---|---|---|---|---|
| Attorney feeOrdinary services | No statutory scheduleTexas publishes no percentage. The personal representative is entitled, on proof satisfactory to the court, to reasonable attorney’s fees necessarily incurred in connection with the proceedings and the management of the estate. A person who in good faith and with just cause offers a will for probate, or defends one, may also recover reasonable fees whether or not successful (§352.052). | Agreement, proved to the court | Tex. Est. Code §352.051(2) | 25 Jul 2026 |
| Executor feeOrdinary services | 5% in · 5% out · 5% cap5% of all amounts actually received in cash and 5% of all amounts actually paid out in cash, with the total not exceeding 5% of the gross fair market value of the estate subject to administration. Three exclusions cut it sharply — see below. | Statute — maximum | Tex. Est. Code §352.002 | 25 Jul 2026 |
| Court filing feeOpening the case | No single statutory feeTexas prices individual steps rather than charging one fee to open a probate case. The statutory items are:
|
Itemised statute · county adds its own | Tex. Local Gov’t Code §118.052(2), read with §118.101 | 25 Jul 2026 |
| Newspaper publicationNotice to creditors | Not fixed by statuteThe law sets the schedule, not the price: the personal representative publishes notice once, in a newspaper of general circulation in the county, within one month of receiving letters. Texas requires no repeat. Where the county has no such newspaper, the notice is posted instead, at no newspaper cost. | The newspaper | Tex. Est. Code §308.051, read with §308.052 | 25 Jul 2026 |
| BondRepresentative’s bond | A default the court may varyThe judge sets it at the estimated value of all personal property belonging to the estate, plus an additional amount to cover revenue anticipated over the next 12 months from interest, dividends, collectible claims, instalments and rentals. Cash or securities deposited under court order reduce the bond by the same amount. | Formula default — court may vary | Tex. Est. Code §305.153, read with §305.101 | 25 Jul 2026 |
There is no Texas probate filing fee to quote, and we will not invent one. Local Government Code Chapter 118 prices individual clerical acts. Each county bundles those with locally-authorised add-ons, so the total at the counter is set by your county, not by the state. Any single statewide figure you see elsewhere is somebody’s estimate.
What changes YOUR number in Texas
- The three exclusions do most of the work
- The commission does not apply to receiving funds that were already on hand or held in a financial institution or brokerage at the date of death — including any checking, savings, certificate of deposit or money market account. It does not apply to collecting life insurance proceeds. And it does not apply to paying cash out to an heir or legatee in that capacity. For an ordinary estate that simply gathers bank accounts and distributes cash to beneficiaries, most of the 5% never arises.
- It is a ceiling, not an entitlement
- The aggregate commission may not exceed 5% of the gross fair market value of the estate subject to administration. On a $500,000 estate that ceiling is $25,000, but the amount actually earned depends entirely on how much cash genuinely moved through the representative’s hands.
- The court can go above it, or refuse it
- §352.003 lets the court allow reasonable alternate compensation where the representative manages a farm, ranch, factory or other business, or where the standard figure is unreasonably low. §352.004 lets the court deny the commission wholly or partly.
- The attorney’s fee is negotiated, not scheduled
- Because Texas publishes no schedule, what the attorney charges is a matter of agreement, tested against what the court will allow as reasonable and necessary. Hourly and flat-fee arrangements are both ordinary. There is no percentage to compare against.
- Whether a bond is needed
- A bond is required before letters issue unless the will directs that none be required and the court finds the person qualified, or the representative is a corporate fiduciary. Waiver by will is common in Texas. Depositing estate cash with an approved institution reduces the bond pound for pound.
Estates of $75,000 or less can use a small estate affidavit
Where there was no will, a Texas estate worth $75,000 or less — not counting the homestead and exempt property — can be settled by affidavit instead of administration.
- Limit $75,000, excluding homestead and exempt property.
- Available only where the decedent died without a valid will.
- At least 30 days must have passed since the death.
- No petition to appoint a personal representative may be pending or already granted.
- The assets must exceed the known liabilities, leaving aside liabilities secured by the homestead and exempt property.
- The judge must approve the affidavit, and copies must be provided under §205.004.
- It does not transfer title to real property, except a homestead under §205.006.
Tex. Est. Code §205.001(3) — Texas Statutes · Verified 25 Jul 2026
Three tools, in the order most people need them
Texas probate cost questions
How much does a probate attorney cost in Texas?
Texas publishes no fee schedule for the estate’s attorney. §352.051(2) entitles the personal representative to recover reasonable attorney’s fees necessarily incurred, on proof satisfactory to the court. What you pay is a matter of agreement, tested against what the court will allow.
How much does the executor get paid in Texas?
5% of the cash actually received and 5% of the cash actually paid out, with the total capped at 5% of the gross fair market value of the estate — at most $25,000 on a $500,000 estate. In practice it is usually far less, because money already in the bank at the date of death, life insurance proceeds and cash paid out to heirs are all excluded.
What does it cost to file for probate in Texas?
There is no single statutory fee. Texas prices individual steps instead — $2 to probate a will, $2 for letters, $25 to file the inventory, $10 for a claim against the estate. Counties add their own charges on top, so the total at the counter is set locally.
How much is the newspaper notice in Texas probate?
Texas does not set that price. §308.051 sets only the schedule: one publication in a newspaper of general circulation in the county, within a month of receiving letters. Texas requires no repeat, and where the county has no such newspaper the notice is posted instead at no newspaper cost.
Is a bond always required in Texas probate?
No. A bond is required before letters issue unless the will directs that none be required and the court finds the person qualified, or the representative is a corporate fiduciary. Where one is required, §305.153 sets it at the estimated value of the personal property plus the revenue anticipated over the next 12 months, reduced by any cash or securities deposited under court order.
Sources & verification
Every figure on this page was checked against the official source on the date shown. Statutory figures are re-checked annually.
- Attorney fee — Tex. Est. Code §352.051(2)Verified 25 Jul 2026 · annual statutory re-check
- Executor fee — Tex. Est. Code §352.002Verified 25 Jul 2026 · annual statutory re-check
- Court filing fees — Tex. Local Gov’t Code §118.052(2) and §118.101Verified 25 Jul 2026 · annual statutory re-check
- Small-estate limit — Tex. Est. Code §205.001(3)Verified 25 Jul 2026 · annual statutory re-check
- Publication schedule — Tex. Est. Code §308.051Verified 25 Jul 2026 · annual statutory re-check
- Bond — Tex. Est. Code §305.153Verified 25 Jul 2026 · annual statutory re-check
Researched and verified by John Terra · Methodology
This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in Texas. Full terms: /disclaimer/
Every state, one standard: How much does probate cost? →
Nearby and often compared: Florida, New York, Ohio and Nevada
When a figure changes, know first
Statutes get amended and fee schedules get updated. Once a month, we send a short note listing every figure that changed and every page we re-verified. Reference, not marketing.