By Paul Romano, Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization
Quick Answer
There’s no single number for what probate costs in Texas — the total depends on the size of the estate, whether the will waives a bond, and whether the administration is independent or court-supervised. A straightforward independent administration keeps costs to court filing fees, a required newspaper notice to creditors, and attorney fees for handling the process — usually the fastest and least expensive path through probate. A contested estate or a court-supervised dependent administration costs substantially more, because nearly every step needs a separate court order. An executor who the court finds managed the estate properly may take a commission of five percent of the cash actually received and paid out in the administration, capped at five percent of the gross fair market value of the estate subject to administration, with money already sitting in the decedent’s bank or brokerage accounts excluded (Tex. Est. Code § 352.002). Romano & Sumner, a Sugar Land probate firm serving Fort Bend and Harris Counties, can walk you through what your specific estate will likely cost at a free consultation.
Every Texas probate has to clear a handful of the same gates — filing the application, proving up the will, getting the executor appointed, notifying creditors. Past that, five things drive the price up or down:
Change any one of those, and the total cost can move by a factor of ten. That’s why a generic “probate costs $X” answer is close to useless — the honest version has to walk through the pieces.
For the common case — a valid will, a cooperative family, and an executor the will authorizes to act independently — the cost stack usually looks like this:
This is one people rarely ask about until they’re the one doing the work. The commission is not automatic. An executor or administrator whom the court finds to have taken care of and managed the estate in compliance with the Estates Code is entitled to a five percent commission on the amounts actually received and paid out in cash during the administration, and the commission may not exceed, in the aggregate, five percent of the gross fair market value of the estate subject to administration (Tex. Est. Code § 352.002). The court may deny the commission in whole or in part if it finds the executor did not manage estate property prudently, or if the executor has been removed (§ 352.004). Three categories are excluded outright: funds the decedent already had on hand or held in a financial institution or brokerage firm at death, including checking, savings, CDs, and money market accounts; proceeds of a life insurance policy; and cash paid out to an heir or legatee in that capacity (§ 352.002(b)(2)). In the other direction, the court may allow more than the standard commission if the executor runs a farm, ranch, or business of the estate, or if five percent comes out unreasonably low (§ 352.003).
That fee comes out of the estate, not your own pocket — and plenty of family members who serve as executor choose to waive it. That’s a family decision, not a legal obligation, and it’s worth talking through openly rather than assuming.
If there’s one thing that determines whether your probate costs thousands or tens of thousands, it’s this. Texas law allows a will to authorize independent administration — an executor who’s appointed by the court but doesn’t need the court’s permission for each individual step afterward (Tex. Est. Code ch. 401). Most well-drafted Texas wills grant this authority, and it’s why most Texas probates move quickly and affordably.
Dependent administration — where the court supervises the estate at every turn — is the exception, not the rule. It happens when the will affirmatively forbids independent administration, when the family cannot agree, or when the court decides supervision is necessary. Here is the part most families never hear: a dependent administration is usually avoidable. If the will names an executor but says nothing about independent administration, all of the distributees can agree to it in the probate application, and the court must grant it unless doing so would not be in the estate’s best interest (Tex. Est. Code § 401.002). The same is true when there is no will at all (§ 401.003), though in that case the heirs first have to be determined in a heirship proceeding under Chapter 202 (§ 401.003(b)). Agreement among the family is the single cheapest thing anyone reading this article can do. Every sale of property, every claim paid, every distribution to an heir requires its own court order and hearing once a dependent administration is underway. More filings and more hearings mean more attorney time and more cost, on top of a bond premium in most dependent administrations. We cover the practical differences in more depth in Independent vs. Dependent Administration in Texas.
Sometimes, yes — and it’s worth asking before you assume a full administration is required.
If the estate has no unpaid debts (other than a lien on real estate), or the court finds for another reason that there is no necessity for administration, the will can be admitted to probate as a muniment of title instead of appointing an executor at all (Tex. Est. Code ch. 257). No executor and no commission to pay. There is one filing: unless the court waives or extends it, the applicant must file a sworn affidavit within 180 days stating which terms of the will have been fulfilled and which have not (Tex. Est. Code § 257.103). One hard gate to check first: a muniment application requires proof that four years have not elapsed since the death (§ 257.054(2)). It’s one of the least expensive ways to clear title to a house or bank account when the estate is simple and debt-free.
If the person died without a will, at least 30 days have passed since death, and the estate’s assets — not counting the homestead and exempt property — don’t exceed $75,000, the heirs may be able to collect the estate by affidavit instead of opening a probate case at all (Tex. Est. Code § 205.001). Three conditions the statute adds and people routinely miss: those assets must also exceed the estate’s known liabilities, no application for a personal representative can be pending or granted, and the judge has to approve the affidavit. The important limit is what it cannot do. A small estate affidavit does not transfer title to real property, with one exception: the homestead, and only if the homestead is the only real property in the estate (§§ 205.006, 205.008(b)). A rent house or a piece of land takes this option off the table. We’ve written a full walkthrough of how that process works in The Texas Small Estate Affidavit.
Neither shortcut fits every estate — real estate with debt, a will that’s missing, or heirs who don’t agree can all take these options off the table. That’s exactly the kind of thing worth confirming before you file anything.
A few situations reliably push the cost up, and it’s worth knowing them going in:
None of these make probate impossible. They just change the estimate — which is exactly why “how much will my probate cost” is a question best answered by someone who’s looked at your specific estate, not a general article.
Attorney Insight — Paul Romano: The thing clients almost never see coming is how much more it costs to probate an estate when there is no will. People assume the difference is a filing fee or two. It is not close.
An intestate estate carries steps a testate one never does. Before the court will appoint anyone at all, the heirs usually have to be established in a separate heirship proceeding, with citation, sworn testimony about the family history, and an attorney ad litem the court is required to appoint and the estate is required to pay. That is real money spent before the administration has even started.
Then comes the part that actually drives the bill. If the heirs will agree to an independent administration, the cost curve flattens out, and the estate can be handled much the way a well-drafted will would have allowed. If they will not agree, the administrator needs court approval for nearly every step after appointment: selling the house, paying a claim, making a distribution. Each of those approvals is a motion someone has to draft, file, set for hearing, and appear on, and every one of those is billable time. The disagreement itself is what costs the money.
So if you are an heir in an estate with no will, the cheapest decision available to you is usually the first one: agree on an independent administrator early.
We handle probate administration for families across Fort Bend and Harris Counties every week — from simple, independent administrations to contested, dependent ones. We’ll tell you upfront which category your estate falls into, what that means for cost, and whether a shortcut like muniment of title or a small estate affidavit might apply before you spend a dollar on a full administration you may not need. Call (281) 242-0995 to talk through where your estate is likely to land.
No. Texas doesn’t set a flat statutory price for probate — cost depends on the type of administration, whether it’s contested, and the size and complexity of the estate. A simple, independent administration is far cheaper than a contested or dependent one.
Generally, no — probate costs, attorney fees, and the executor’s commission are paid from the estate’s assets, not the executor’s personal funds. An executor may need to advance small costs early on, but those are typically reimbursed from the estate.
Up to five percent of the cash actually received and paid out in the administration, capped at five percent of the gross fair market value of the estate subject to administration, and only if the court finds the executor managed the estate properly (Tex. Est. Code § 352.002). Money already sitting in the decedent’s bank or brokerage accounts and life insurance proceeds do not count toward it, and the court can deny the commission for imprudent management (§§ 352.002(b)(2), 352.004). Many family members serving as executor choose to waive this fee.
Sometimes. A debt-free estate may qualify for muniment of title (Tex. Est. Code ch. 257), and a small, will-less estate under $75,000 (excluding homestead and exempt property) may qualify for a small estate affidavit (Tex. Est. Code § 205.001). Neither fits every situation. A small estate affidavit in particular cannot transfer real property other than the homestead, and then only if the homestead is the estate’s only real property (§§ 205.006, 205.008(b)).
Almost always because of administration type or a dispute — a contested or dependent, court-supervised administration costs substantially more than an uncontested independent one, regardless of the estate’s size.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every situation is different — for advice about your circumstances, speak with a qualified Texas attorney.
Romano & Sumner’s estate litigation and probate team is led by Paul Romano, Kenneth “Kenny” Sumner Jr., and Nicholas “Nick” Noe — 40+ years of combined experience serving families across Fort Bend and Harris Counties.