How Much Does Probate Cost in Texas?

If someone close to you has died and you are the one handling the estate, one of the first questions is what probate is going to cost. In Texas, the answer depends mostly on which kind of probate the estate needs. A simple title probate costs far less than a probate with dependent administration, and an estate with no will has costs of its own.

What Goes Into the Cost of Probate in Texas?

Probate costs fall into three groups: what the court charges, what the attorney charges, and the other expenses of settling the estate.

Court costs

Every probate starts with an application filed with the county clerk. In Travis County, the base e-filing fee for a probate application is $360 under the 2026 fee schedule. On top of that come the cost of posting notice of the hearing, publishing the notice to creditors if an executor is appointed, and certified copies of letters testamentary, which banks and title companies ask for. Williamson and Hays Counties have their own fee schedules, so the exact number depends on where the person lived.

If the application is filed more than four years after the death, or offers a copy of the will instead of the original, the Travis County clerk also requires a $600 attorney ad litem deposit.

Attorney fees

Texas courts generally expect a person probating a will to have a lawyer, so attorney fees are usually the largest part of the cost. How much depends on how much work the route requires: a short hearing and a single order for title probate, or months of notices, an inventory, creditor claims and court approvals for dependent administration.

Other estate expenses

• Bond. If the will doesn’t waive bond, or the estate is in dependent administration, the court may require the executor or administrator to post a bond, which carries a premium.
• Appraisals. Real estate, a business or valuable personal property may need to be appraised for the inventory.
• Attorney ad litem in heirship cases. When there is no will and the court is asked to declare the heirs, Texas law has the court appoint an attorney ad litem to represent unknown heirs, and that attorney is paid from the estate (Tex. Est. Code ch. 202).
• Selling property. If the house has to be sold, the usual closing costs apply.

Probate Cost by Type of Probate

Not sure which route fits? Request a free probate case review and an attorney will tell you.

What Makes Probate Cost More?

• The original will is missing. Probating a copy takes more proof, and in Travis County it triggers the attorney ad litem deposit.
• More than four years have passed. A will generally has to be offered for probate within four years of the death (Tex. Est. Code § 256.003). After that the options narrow and the process gets more involved.
• There is no will. The heirs have to be proven, which usually means testimony and an attorney ad litem.
• The court has to supervise. Dependent administration means more filings, more hearings and court approval for sales and payments.
• The family disagrees. A will contest or a fight over the executor turns probate into litigation, which is billed very differently.
• Property in another state. Real estate outside Texas may need a separate (ancillary) probate there.

How to Keep Probate Costs Down

• Find the original will and keep it safe. Don’t remove staples or write on it.
• Act within four years of the death.
• Ask whether title probate fits. If the estate has no unsecured debts, it is usually the fastest and least expensive route.
• Check what passes outside probate. Accounts with a named beneficiary or a payable-on-death designation, and property held with survivorship rights, often transfer without probate at all.
• Plan ahead for your own estate. A living trust can keep your family out of probate entirely.

Who Pays for Probate in Texas?

Court costs and the reasonable expenses of administering the estate, including attorney fees incurred in good faith, are generally paid from the estate rather than out of the executor’s own pocket. In practice, the person handling the estate sometimes has to cover early costs, such as the filing fee, before estate funds are available, and is reimbursed later. We explain how fees are paid at the free consultation.

How We Price Probate

At Henington Lewis Law Firm, probate is handled for a flat fee. After a free consultation, we tell you which kind of probate the estate needs and give you a written flat-fee quote before anything is filed, so you know the cost up front. Both of our attorneys, Turner Henington and Samantha Lewis, handle probates, heirship cases and executor problems in Travis, Williamson and Hays Counties.

Frequently Asked Questions

Can I probate a will in Texas without a lawyer?

Texas courts generally expect a person probating a will to be represented by an attorney, because the executor acts for other people with an interest in the estate. A small estate affidavit is one of the few processes families sometimes handle on their own.

Is title probate cheaper than other types of probate?

Usually, yes. Title probate needs no executor, no inventory and no creditor notice, so it takes less time and costs less. It only works when the estate has no unpaid debts other than debts secured by real estate.

How long does probate take in Texas?

Title probate often takes 1 to 3 months. Probate with independent administration often takes 6 to 12 months. Probate with dependent administration or a contested case can take a year or more.

Do I have to pay probate costs myself?

Generally, court costs and reasonable administration expenses come out of the estate. The person handling the estate may need to front some early costs and be reimbursed.

Talk to a probate attorney. Call (512) 737-8404, book a free probate consultation, or request a free probate case review.

Reviewed by Turner Henington, attorney, Henington Lewis Law Firm PLLC. This article is general information, not legal advice for your situation.