Probate in Texas: how long it takes, what it costs, and how to avoid it
How probate works in Texas: how long an estate must stay open, what estate size triggers probate, state estate or inheritance taxes and court costs, what becomes public record, and how a living trust avoids it.
Your quiz starts with Texas already selected, so your recommendation reflects Texas probate rules.
Timeline
Creditors must be notified within specified periods; independent administration commonly closes in 6–12 months with minimal court supervision. Probate must generally be opened within 4 years of death.
When probate is required
Small-estate affidavit when assets (excluding homestead and exempt property) do not exceed $75,000 and there is no will; muniment of title available when there is a valid will and no unpaid debts other than a mortgage.
Taxes & mandatory costs
No estate or inheritance tax. Independent administration keeps costs comparatively low — usually filing fees plus flat or hourly attorney fees.
What becomes public
The will and application are public record. Independent administration avoids filing detailed accountings publicly, though a court-filed inventory (or affidavit in lieu) is required.
Estate planning checklist for Texas residents
A valid will or trust is only useful when the rest of your affairs are organized. Use this checklist to make sure your Texas estate plan actually works when your family needs it.
- 1List real estate you own in Texas and any other state, including how each property is titled.
- 2Name beneficiaries on every retirement account, life insurance policy, and annuity.
- 3Choose who will manage finances and health care decisions if you become incapacitated.
- 4Decide guardians for minor children and a trustee to manage any inheritance they receive.
- 5Write down your digital assets: online accounts, crypto wallets, and cloud storage.
- 6Review your plan after major life changes such as marriage, divorce, a new child, or moving to Texas.
Not sure where to start? Our free 12-question quiz uses Texas probate rules to recommend the right flat-fee package — will, living trust, or full concierge plan.
How a living trust keeps your family out of Texas probate
Anything titled in your name alone at death is what the Texas court administers. A properly funded revocable living trust changes the title while you are alive, so those assets transfer privately to the people you name — no court file, no published creditor notice, and no waiting on the timeline above.
A will does not avoid probate. It only tells the Texas court how you want your probate estate distributed. That is why our quiz asks about your real estate, business interests, retirement accounts, and life insurance before it recommends a plan.
Texas probate questions
Probate guides in other states
General information only, current to our latest review and subject to change — probate rules, dollar thresholds, and fees vary by state and by county. This page is not legal advice. Estate Plan Services LLC is a document preparation and secretarial service, not a law firm or CPA firm. For legal advice about your situation, consult a licensed attorney in Texas.