Do all estates in Texas require probate?

No. Small estates under $75,000 with no real property may use affidavit procedures. Muniment of Title can be used when there are no debts. Many assets pass outside probate through beneficiary designations.

What is Independent Administration in Texas?

Independent Administration allows the executor to manage the estate with minimal court oversight. It's the most common and efficient form of Texas probate, typically completing in 6-9 months.

How much does probate cost in Texas?

Texas has no statutory fee schedule. Attorney fees are typically 2-5% of estate value or hourly rates ($200-$500/hour). Court filing fees range from $300-$800. Total costs are often 3-7% of estate value.

What is Muniment of Title in Texas?

Muniment of Title is a simplified probate procedure used when there are no unpaid debts (except secured debts). It can be completed in a few weeks and is less expensive than full probate.

Texas Probate Information

Texas Probate Guide

Everything you need to know about the probate process in Texas, including costs, timelines, and requirements.

Community Property State

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Step 1: Enter What You Know

Estimated Total Estate Value

Real estate, bank accounts, investments, personal property

Property Address

Enter the address of the property in the estate

Jurisdiction / Region

Select the state where the property is located

Does the estate include real estate?

Yes

I'm not sure

Will a probate attorney be used?

Yes

I'm not sure

Is the probate expected to be contested or complex?

Yes

I'm not sure

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How Probate Works in Texas

Texas probate is generally considered one of the simpler and more efficient processes in the U.S. The state offers several probate alternatives including Independent Administration (most common), Dependent Administration, Muniment of Title, and small estate affidavits.

Important Note for Texas

Texas is a community property state. Independent Administration allows the executor to act without continuous court supervision.

Texas Probate Timeline

Texas probate under Independent Administration can be completed in 6-9 months. Muniment of Title proceedings can be resolved in a few weeks. Dependent Administration takes 12+ months.

Typical Probate Process

File Petition

Start

Notify Creditors

1-3 Mos

Inventory Assets

2-6 Mos

Pay Debts

6-9 Mos

Distribute

Closing

Small Estate Threshold

Estates with no real property and personal property under $75,000 may use small estate affidavit procedures.

Uniform Probate Code

Not Adopted

Traditional probate rules apply

Get a Personalized Timeline Estimate

Common Questions

View all probate FAQs

Free Probate Tools

Use these tools to help navigate the Texas probate process

Probate Cost Calculator

Estimate likely probate expenses for Texas including court fees, attorney fees, and more.

Timeline Estimator

See how long probate may take in Texas based on your situation.

Do I Need Probate?

A simple questionnaire to help determine if probate is required.

Probate Checklist

Step-by-step guide to what needs to be done during probate.

Selling a House in Texas Probate?

In most cases the estate doesn't have to wait for probate to finish before selling real estate — but the rules on executor authority, notices, and court confirmation are state-specific. Learn how probate sales work, what the house costs the estate every month it sits, and whether listing it or selling as-is for cash fits your situation. If you'd like, our team can walk you through it for free.

How Probate Sales Work in Texas Ask Us a Question

Looking for Another State?

We have comprehensive probate guides and fee calculators for all 50 states and D.C.

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The information on this page is provided for general educational purposes only and is not legal, tax, or financial advice. Probate laws change and vary by state and by individual circumstances, and we cannot guarantee the completeness or accuracy of the information provided. For advice about your specific situation, consult a licensed attorney in your state.