Simplified route
$75,000
Small estate affidavit (Estates Code ch. 205); usable 30 days after death.
Eligibility and caveatsTexas estate administration
Texas probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $75,000
This guide explains probate in Texas: In Texas, probate is heard by a statutory probate court (in the largest counties) or by the county court / county court at law elsewhere. Intestate estates under $75,000 (excluding homestead and exempt property) may use a small estate affidavit; opening filing fees are set county-by-county.
Sources reviewed August 9, 2026. Latest primary-source re-fetch October 3, 2026.
Answer first
Texas simplified probate route
Up to $75,000; usable 30 days after death. Source: Tex. Est. Code § 205.001.
Small estate affidavit (Estates Code ch. 205)Screen a specific Texas estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.
What the reviewed rules establish
Court cost
Varies locally
Set locally; ask the receiving court.
The opening probate application fee is set by each county and is not published as a single statewide figure. Local Government Code § 118.052 fixes only specific per-service probate fees (e.g., $25 to file an inventory, $10 for a claim), not a consolidated fee to open a probate. Where it is set: Tex. Loc. Gov't Code § 118.052; county district/county clerk fee schedules.
Executor compensation
Court-reviewed
The statute caps compensation; the court sets the amount within it. Source: Tex. Est. Code § 352.002.
Compensation detailCreditor deadline
Not published
Timeline and creditor detailsTexas decision map
The four facts that change the Texas route
Each Texas answer below links to the page that sets out its source.
| Question | Recorded Texas answer |
|---|---|
| What route is being screened? | Small estate affidavit (Estates Code ch. 205) |
| What property and basis count? | probate property within the rule's stated scope; gross value with statutory exemptions not classified by this worksheet. |
| What is the amount screen? | $75,000 |
| What is the time or deadline record? | 30 days after death; creditor deadlines: not published here |
| What does the cost record establish? | No single statewide amount is published here; confirm the receiving court's current schedule. |
| What does compensation use? | Statutory ceiling, measured on money received and paid out during administration. |
Limits and unresolved costs
Continue
What Texas courts publish
Every link is probed before each release.
- Self-help centreTexas Courts — Self-HelpTexas Judicial Branch
Official self-help portal; Texas does not publish statewide fill-in probate forms.
- Self-help centreProbate — Texas State Law Library research guideTexas State Law Library
Official state law library guide to probate procedure and small estate affidavits.
Limits on court material
- Texas does not publish a single statewide set of fill-in probate forms; many counties require an attorney to open an administration and publish their own local forms and fee schedules.
Texas primary sources
- Tex. Est. Code § 205.001 — Texas Estates Code § 205.001 - Small estate affidavit entitlement
- Tex. Est. Code § 352.002 — Texas Estates Code § 352.002 - Standard compensation
- Tex. Loc. Gov't Code § 118.052 — Texas Local Government Code § 118.052 - County clerk fee schedule (probate)
Every quotation, edition label and machine check is on the Texas source record.
Texas record: 3/3 verified, 12 matched checks, latest source re-fetch October 3, 2026. Source record · method · report a correction