US Probate Calculator
Texas Statutory Schedule (2026)

Texas Probate Fee & Executor Commission Calculator

Estimate attorney statutory fees, personal representative commissions, and court filing costs under Texas Estates Code § 352.002.

2026 Statutory Probate Costs Updated

Calculate Texas Probate Costs

Choose your state, enter your gross estate value, and optional asset details below to view instant cost breakdowns and statutory limits.

Total assets in probate
$
$10k $1M $2.5M $5M+
$

Included inside Gross Probate value above.

$

401ks, joint accounts & trusts bypass probate.

California Probate Code § 10800 & § 10810

California enforces strict statutory fees for both attorneys and executors. Fees are calculated on gross estate value without deducting mortgages.

Small Estate Eligible

Estate is below the $184,500 threshold for simplified procedure.

Estimated Total Probate Fees
$26,435 5.29%

Combined statutory attorney, executor & court costs

Attorney Statutory Fee: $13,000
Executor Commission: $13,000
Court Filing Fee: $435
Total Estate Value (Inc. Non-Probate): $500,000
Gross probate ($500,000) + Non-probate ($0)
Estimated Net to Beneficiaries
$473,565
Includes net probate assets plus non-probate transfers

Calculated under California Probate Code § 10800.

Overview of Texas Probate Laws & Fee Guidelines

Estate administration in Texas involves fulfilling fiduciary obligations under statutory compensation limits set by Texas Estates Code § 352.002. Compensation for personal representatives is restricted by statutory maximum percentage caps based on cash receipts and estate disbursements.

In Texas, probate administration costs consist of three core components: attorney fees, executor commissions, and court filing costs. Total probate costs are calculated based on the gross value of all probate assets (including real estate) without deducting existing mortgages or liabilities.

Texas Legal Nuance & Key State Quirk

Texas allows Independent Administration under Estates Code Ch. 401, which allows qualified executors to settle estates with virtually zero court supervision once appointed.

Texas Probate Process & Fee Schedule Overview

Texas probate is widely recognized for its efficient, executor-friendly independent administration process under the Texas Estates Code. Under Estates Code § 352.002, executor compensation is governed by the '5% rule', which caps executor commissions at 5% of all sums received and 5% of all sums paid out in cash during estate administration. However, this 5% cap excludes cash on hand at death, life insurance proceeds, and real estate distributions. Attorney compensation in Texas is not dictated by statutory percentages; attorneys charge court-approved reasonable hourly or flat fee rates. If an estate is intestate or valued at $75,000 or less (excluding the homestead and exempt property), heirs can utilize a Small Estate Affidavit under Chapter 205 of the Texas Estates Code to transfer assets without formal court administration. Baseline probate filing fees in Texas county courts average $350.

Fee Calculation Type
cap
Small Estate Limit
$75,000
Base Court Petition Fee
$350

Executor & Personal Representative Commission Rules in Texas

The executor or administrator of an estate in Texas assumes significant fiduciary responsibilities, including inventorying property, paying creditors, filing tax returns, and distributing assets. Under Texas Estates Code § 352.002, executors are legally entitled to reasonable compensation or statutory commissions for their time and effort.

Key rules governing executor commissions in Texas:

  • Statutory Rates & Sliding Scales: Commissions are evaluated on a structured tiered scale or reasonable percentage curve based on gross probate property value.
  • Tax Implications: Executor fees are treated as taxable ordinary income. Family member executors often choose to waive fees to receive a tax-free inheritance instead.
  • Extraordinary Services: If the executor performs exceptional duties (such as conducting ongoing business operations or litigating tax disputes), the court may grant additional extraordinary fees.

Attorney Statutory Fees & Court Costs in Texas

Retaining experienced legal counsel is customary for formal probate in Texas. Attorney fees are either mandated by state statutory fee schedules (such as California and Florida) or determined by court-approved reasonable rates.

In addition to legal fees, estate administration incurs unavoidable court fees:

1
Initial Petition Filing Fee
Baseline court filing fee of approximately $350 required upon filing probate petition.
2
Publication & Notice Fees
Mandatory legal notices published in local newspapers to notify potential creditors.
3
Probate Referee / Appraisal Fees
Official court-appointed appraisals required for valuing real estate and physical property.

Small Estate Affidavit & Non-Probate Asset Exemption

Not all estates in Texas require full court probate. If the total gross probate value is equal to or less than $75,000, beneficiaries may utilize Small Estate Affidavit (Estates Code Ch. 205) to transfer property rapidly without formal court intervention.

Furthermore, assets that bypass probate entirely in Texas include:

Revocable Living Trusts
Joint Tenancy with Right of Survivorship
Payable-on-Death (POD) Accounts
401(k)s & IRAs with Named Beneficiaries

Frequently Asked Questions (Texas Probate)

How are probate fees calculated in Texas?
In Texas, probate fees are determined under Texas Estates Code § 352.002. Compensation for personal representatives and attorneys is evaluated based on estate complexity, gross asset valuation ($500,000 baseline estimate: $32,168.18), and court filing guidelines.
What is the small estate limit in Texas?
The small estate affidavit threshold in Texas is $75,000. Estates valued under this cap may bypass formal court administration using Small Estate Affidavit (Estates Code Ch. 205).
Are executor commissions mandatory in Texas?
Executors and personal representatives in Texas are legally entitled to statutory compensation or reasonable fees for their fiduciary duties. However, family members acting as executors frequently waive these commissions to avoid personal income taxation.
Which assets bypass probate in Texas?
Non-probate assets in Texas include living revocable trusts, real estate held in joint tenancy with rights of survivorship, bank accounts with Payable-on-Death (POD) designations, and retirement accounts (401k/IRA) with named beneficiaries.
What is Independent Administration in Texas?
Independent Administration in Texas permits executors to inventory assets, pay debts, and distribute property without court authorization or hearings once initially appointed.
How does the Texas 5% executor commission rule work?
Texas Estates Code § 352.002 caps executor fees at 5% of cash received and 5% of cash disbursed, excluding cash on hand at death and real estate transfers.