Is there a set attorney fee for probate in Texas?

No. Unlike percentage-schedule states, Texas has NO statutory attorney-fee schedule for probate — fees are set by engagement (flat or hourly), and courts review reasonableness where the estate pays. Typical uncontested independent administrations commonly run $2,500–$6,000+ in attorney fees depending on market and complexity; contested or dependent matters cost much more.

What are the court costs?

Filing fees are set locally and vary by county (commonly a few hundred dollars to open an administration), plus small per-item charges (citations, letters, certified copies) and the publication cost for the creditor notice. Confirm current amounts with your county clerk — our county pages route you to the right one.

Why does the administration PATH matter more than any fee?

Because procedure is the price. A muniment of title (ch. 257) is one application, one hearing, one order — no executor, no ongoing administration. An independent administration (ch. 401) runs largely without court supervision. A DEPENDENT administration adds bond, per-transaction approvals, and annual accounts — each with attorney time attached. Qualifying for the cheaper path is worth more than negotiating any hourly rate.

What does EstateDraft's probate product cost?

$349, one-time, per estate: the full deterministic assessment (the path, the considered-and-rejected alternatives with reasons, the statutory tests applied to your facts), the complete filing roadmap with its statutory hooks, and every deadline computed to the day. The free assessment shows your path first — you only pay to unlock the full work product.

Can a small estate skip these costs entirely?

Sometimes. A qualifying intestate estate of $75,000 or less (excluding homestead and exempt property) can use the small estate affidavit (ch. 205) — one judge-approved affidavit instead of an administration. And a recorded transfer on death deed keeps Texas real property out of probate altogether.

How Much Does Probate Cost in Texas? The Honest Breakdown

Last updated October 22, 2026

Two facts frame every Texas probate bill: there is no statutory attorney-fee schedule (fees are engagement-specific), and the administration path sets the workload. That is why the same estate can cost a few hundred dollars as a muniment of title or five figures as a contested dependent administration. This is general information about Texas law, not legal advice.

Where the money goes

Attorney fees — engagement-set

Flat or hourly by agreement; commonly $2,500–$6,000+ for an uncontested independent administration, far more when contested. No percentage schedule exists to cap or set them.

Court costs — county-set

Filing fees vary by county; add citation/letters/certified-copy charges and the creditor-notice publication. Your county clerk has the current sheet — start from your county's page.

Bond — dependent administrations

Courts set bond in supervised administrations (ch. 305); independent administrations commonly waive it via the will. One more reason the independent-executor clause pays.

EstateDraft — $349 flat, per estate

The full deterministic assessment, the filing roadmap with statutory hooks, and every deadline computed — the preparation layer that makes whichever professional path you choose faster and cheaper. The assessment itself starts free.

Path economics — the real lever

Cheapest sufficient procedure first: the small estate affidavit (qualifying intestate estates), the muniment of title (clean testate estates), the independent administration (the Texas workhorse), and only then the supervised dependent path. Our free assessment applies the actual statutory tests to your facts and shows which doors are open — before anyone bills an hour.

Before anyone bills an hour: in the free Texas probate flow you elect the path, and it states the general rule and the statutory deadlines for each one. It does not decide which path fits this estate.

Start the free Texas probate assessment

Attorney-fee and court-cost figures are market observations, not quotes; fees are set by attorneys and counties. General information about Texas law, not legal advice, and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.

Frequently asked questions

Is there a set attorney fee for probate in Texas?: No. Unlike percentage-schedule states, Texas has NO statutory attorney-fee schedule for probate — fees are set by engagement (flat or hourly), and courts review reasonableness where the estate pays. Typical uncontested independent administrations commonly run $2,500–$6,000+ in attorney fees depending on market and complexity; contested or dependent matters cost much more.
What are the court costs?: Filing fees are set locally and vary by county (commonly a few hundred dollars to open an administration), plus small per-item charges (citations, letters, certified copies) and the publication cost for the creditor notice. Confirm current amounts with your county clerk — our county pages route you to the right one.
Why does the administration PATH matter more than any fee?: Because procedure is the price. A muniment of title (ch. 257) is one application, one hearing, one order — no executor, no ongoing administration. An independent administration (ch. 401) runs largely without court supervision. A DEPENDENT administration adds bond, per-transaction approvals, and annual accounts — each with attorney time attached. Qualifying for the cheaper path is worth more than negotiating any hourly rate.
What does EstateDraft's probate product cost?: $349, one-time, per estate: the full deterministic assessment (the path, the considered-and-rejected alternatives with reasons, the statutory tests applied to your facts), the complete filing roadmap with its statutory hooks, and every deadline computed to the day. The free assessment shows your path first — you only pay to unlock the full work product.
Can a small estate skip these costs entirely?: Sometimes. A qualifying intestate estate of $75,000 or less (excluding homestead and exempt property) can use the small estate affidavit (ch. 205) — one judge-approved affidavit instead of an administration. And a recorded transfer on death deed keeps Texas real property out of probate altogether.

General information about Texas law, not legal advice.