How Much Does Probate Cost in Texas?

The percentage myth

Many people arrive believing Texas probate costs a percentage of the estate — often they have heard three or five percent. That is not how attorney fees work here. Texas law does allow an executor to claim a commission for their own services in certain circumstances, and that provision is where the confusion comes from. It has nothing to do with what the lawyer charges.

Attorney fees in Texas probate are simply what you and the attorney agree to. Most firms bill hourly. We do not, because families in the middle of a loss should not have to watch a clock to ask a question.

What is included — which is everything

The number we quote is the number you pay. There is no schedule of extras behind it:

Every document prepared and filed with the court
The court's filing fee — paid by us, not added to your bill
The attorney ad litem appointed in an heirship proceeding — covered by our fee, not billed to you separately
Newspaper publication of the notice to creditors
Certified copies of Letters Testamentary, as many as the banks and title companies ask for
Real estate deeds prepared — you pay only the county recording fee, about $30 to $40 per deed
A practice session before the hearing, so you know exactly what will be asked
The attorney present with you at the hearing
All post-hearing documents and notices
Phone support throughout — not billed by the minute, not routed to a paralegal

The ad litem is worth singling out. In a proceeding with no will, the court appoints an attorney to represent unknown heirs, and that lawyer must be paid from somewhere. At most firms it lands on the family as a separate invoice, often several hundred to a couple of thousand dollars, and it arrives after the engagement letter was signed. It is inside our $12,500.

And the court's filing fee — typically $350 to $500 depending on the county and the type of proceeding — is paid by this firm as well. The single exception anywhere in the engagement is the county recording fee charged to file a deed in the real property records, roughly $30 to $40 per deed. That is paid directly to the county clerk, and we tell you the amount before anything is recorded.

What probate typically costs in the Houston area

Fees vary widely across Harris County and the surrounding counties, and most firms quote a range rather than a number because they bill hourly. The figures below are what families are commonly quoted in this market. Treat them as a reference point, not a rule — individual firms differ.

Matter	Commonly quoted in the Houston area	Our flat fee
Uncontested probate with a will	$2,500 – $8,000, plus costs	$4,500, all in
Probate without a will (heirship and administration)	$5,000 – $15,000+, plus costs and ad litem	$12,500, all in
Small estate affidavit	$1,000 – $3,500, plus costs	$2,000, all in

The phrase plus costs is doing a lot of work in that middle column. Those costs are typically billed to the family on top of the attorney fee:

Cost	Typical amount	Who pays it here
Court filing fee	$350 – $500	We do
Attorney ad litem (heirship matters)	$500 – $2,500	We do
Newspaper publication of notice to creditors	$100 – $200	We do
Certified copies of Letters Testamentary	A few dollars each, several usually needed	We do
Real estate deed preparation	$300 – $750	We do
County recording fee, per deed	$30 – $40	You do

An hourly range is the harder thing to plan around. You do not learn where in it you landed until the work is finished, and the add-ons above arrive after the engagement letter is signed. A flat fee moves that uncertainty off the family and onto the firm.

Why probate without a will costs more

The gap between $4,500 and $12,500 is not arbitrary. Without a will, the court cannot simply follow the decedent's instructions — it has to establish, on the record, who the heirs are. That means a determination of heirship: a separate proceeding with its own pleadings, an attorney ad litem appointed to represent anyone unknown, two disinterested witnesses who must testify about the family history, and a judgment before the administration can even begin.

In practice it is at least three times the work of probating a will, and often more:

An entire additional proceeding. The heirship must be pleaded, proved and reduced to judgment before the administration can even be opened. Two cases, not one.
Investigating the family history. Every marriage, divorce, child, adoption and death has to be established — frequently going back two generations, often across states, sometimes to relatives nobody has spoken to in years.
Locating and preparing witnesses. Two disinterested people who knew the family must be found, interviewed and prepared to testify. They inherit nothing, so they are doing it as a favor, and scheduling them around a court date takes real effort.
Working with the attorney ad litem. A second lawyer, appointed by the court, independently investigates the heirs and reports to the judge. Their questions have to be answered and their findings resolved before anything moves.
Serving every heir. Citation, waivers, and chasing signatures from people who may be scattered, unresponsive, or unaware they are involved.
More client contact throughout. The family is being asked for information they often do not have at hand, which means many more calls than a will case ever requires.

It also carries real risk when the family tree is complicated, and it absorbs the ad litem's fee. A will is by far the cheapest document anyone in Texas can buy.

Common questions

Are there any hidden costs?

No. The court filing fee, the attorney ad litem, newspaper publication, certified copies and deed preparation all come out of our flat fee. The one item you pay separately is the county recording fee for a deed, about $30 to $40 each, paid directly to the county clerk.

Does the estate pay, or do I pay personally?

Ordinarily the estate pays, and the executor is reimbursed from estate funds. If the estate has no accessible cash at the outset, families often advance the fee and recover it once Letters are issued and accounts are unlocked.

Is the fee different for a large estate?

Not for an uncontested matter. The work of admitting a will and appointing an executor is much the same whether the estate is $200,000 or $2 million. Complexity, not size, is what changes the picture.

What if the will is contested?

Flat fees apply to uncontested matters only. If a will is challenged or heirs are in dispute, the scope changes entirely and we will discuss the arrangement openly before you commit to anything.

This page is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship. Every estate is different. For advice about your situation, call 713-588-5914 for a free consultation.

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