Texas · probate and estate law
Probate in Texas: do you need a lawyer, and what it costs
Texas law decides whether an estate needs probate and what a lawyer may charge. Every fact links to its statute, with the date we read it. Not legal advice.
We do not endorse or recommend any attorney
Firms are listed by name with what they publish and what the bar roster says about them; you contact them yourself. In Texas a firm can pay only for a labelled listing, never per case or per lead.
Do I need a lawyer?
- Small-estate limit
- Estates under $75,000 can use a simpler process instead of full probate. In Texas this usually starts with a signed affidavit.
- Formal probate
- Required above $75,000. Independent administration: yes. Uniform Probate Code: no.
- Typical duration
- About 9 months.
- Source
- Estates Code §205.001 (small estate affidavit ≤ $75,000 excluding homestead and exempt property); §401.001 independent administration; ch. 257 muniment of title statute → · checked Sep 20, 2026
Settling an estate in Texas
What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.
- Filing the original will
In Texas, whoever has the original will must deliver it to the clerk of the court that handles the estate once they learn of the death. The law sets no fixed number of days, but a will generally cannot be admitted to probate more than 4 years after the death unless the person applying shows they were not at fault for the delay.
- Which court handles probate
In Texas, probate is filed in the county where the person who died lived. Depending on the county, it is heard by the constitutional county court, a county court at law, or a statutory probate court in counties that have one.
- Creditors' deadline to make claims
In Texas, within one month after the court issues letters, the executor or administrator must publish a notice to creditors in a local newspaper, and within two months must mail notice to known secured creditors. Texas sets no general deadline after publication: a claim can be presented any time before the estate is closed unless the ordinary statute of limitations has run. An unsecured creditor who is sent the optional mailed notice is barred if they do not present the claim before the 121st day after receiving it.
- Estate inventory
In Texas, the executor or administrator must file a sworn inventory, appraisement and list of claims with the court clerk within 90 days after qualifying to serve, unless the court allows more time. An independent executor whose estate has no unpaid debts other than secured debts, taxes and administration costs may instead file an affidavit saying the beneficiaries have received the inventory.
- The order estate debts are paid
In Texas, claims are paid in classes. Funeral costs and last illness expenses come first (up to $15,000 each), then the costs of running the estate, then secured debts from the property that secures them, and on down the list through eight classes.
- State estate and inheritance tax
Texas has no state estate tax and no inheritance tax. The old Texas inheritance tax was repealed in 2015. Federal estate tax can still apply to very large estates.
- Closing an estate
In Texas, an independent administration (one run without court supervision) closes when the executor, after paying debts and handing out the property, files a sworn closing report or notice of closing with the court. The estate is treated as closed 30 days later unless someone objects. Court-supervised estates close when the court approves a final account and signs an order discharging the executor or administrator.
What a probate lawyer may charge in Texas
Some states set the fee by statute, as a percentage of the estate. Others say "reasonable compensation", and you agree it with the firm.
No statutory fee schedule is recorded for Texas yet. Either the state leaves fees to "reasonable compensation", or we have not read the statute.
40 metros with named firms
A metro is listed once three firms there have an attorney active on the Texas bar.
The estate letter · Texas
Settling an estate in Texas, one month at a time
Twelve months of steps with Texas's own numbers and deadlines. Read the checklist now, or sign up there for one email a month.
Get the estate letter- Month 1The first things to gather
- Month 2Work out what the estate is
- Month 3Get the authority to act
- 9 more months
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Estate checklist for Texas
What the executor does, month by month, with Texas's numbers and deadlines.
Funeral and cremation law in Texas
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Before probate
Look a lawyer up yourself
Every attorney we name is checked against the Texas bar roster. You can too: texasbar.com →