How much does it cost to probate a will in Texas?

As an executor or estate administrator, settling an estate in Texas can be a complex and costly process. In this article we provide a clear and concise overview of the expenses involved in the probate process, helping you plan and prepare for the financial aspect of settling the estate.

Keep reading to gain a deeper understanding of the true cost of probate in Texas.

Outlined by the Texas Estates Code Sec 352.002, probate fees are determined based on several factors, including the size of the estate, the values of personal property, the complexity of the probate proceedings, and the services provided either by the personal administrator or the probate attorney.

There are several types of fees involved in the probate process in Texas, including administration fees, court filing fees, personal representative's fees, accounting fees, attorney fees, inventory and appraisal fees, and bond premium (if required).

Administration Fees

These fees are typically charged by the court and cover the costs of filing the necessary papers, processing the case, and maintaining records. The administration fees in Texas can range from $500 to $5,000 or more, depending on the size of the estate and the complexity of the case.

Court filing fees

Depending on the needs of the estate, court filing fees will vary. These fees are charged by the court for filing the necessary papers. An example is the application for issuance of letters testamentary to initiate the probate process.

Executor Fees

Personal representatives, also known as executors, are entitled to receive a fee for their services, but this fee must be reasonable and approved by the court. The fee is usually a percentage of the estate's value and is determined based on the complexity of the case and the amount of work involved.

The personal representative's fee in Texas can range from 1% to 5% of the estate's value.

Accounting Fees

Accounting fees are usually charged by the attorney handling the probate proceedings for preparing and filing the necessary tax returns and estate accounts. The accounting fees in Texas can range from $1,000 to $10,000 or more, depending on the size of the estate and the complexity of the case.

Probate Lawyer Costs

Attorney fees can be substantial, especially if the probate proceedings are complex and require legal representation.

The attorney fees in Texas are usually a percentage of the estate's value and are determined based on the complexity of the case and the amount of work involved. The attorney fees in Texas can range from 1% to 7% of the estate's value.

Alternatively, some attorneys may charge an hourly rate for their probate services. Hourly rates can range anywhere from $250-$500/hour depending on their experience, location, and expertise. If you are administering a complicated estate, an hourly rate is not recommended as some probate cases can take up to 2 years to resolve.

Inventory and Appraisal Fees

Inventory and appraisal fees are usually charged by a professional appraiser for valuing the assets of the estate. The inventory and appraisal fees in Texas can range from $500 to $5,000 or more, depending on the size of the estate and the complexity of the case.

Bond Premium (if required)

If the personal representative is required to post a bond to ensure proper administration of the estate, a bond premium will be required. The bond premium in Texas is usually a percentage of the bond amount and can range from $500 to $5,000 or more.

let's run an example of the total cost to settle a $750,000 estate in Texas.

Please note: These are estimated costs and actual fees may vary based on the complexity of the case, the services provided, and the fees charged by the specific court, personal representative, attorney, and appraiser involved.

Total Estimated Probate Fees: $28,325

This is an estimated total of the costs involved in settling a $750,000 estate in Texas. As stated, actual fees may vary and it is always recommended to consult with a probate attorney to get an accurate estimate of the costs involved in a specific case

As you can see, the average cost of probate in Texas can vary depending on the size of the estate - but expect to pay anywhere from $5,000 up to $20,000 on attorney fees, administration fees, and court costs alone.

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