Houston Estate Planning and Elder Law Attorney Blog
The total cost of probate in Texas depends on several factors: the type of proceeding, the county where the case is filed, the complexity of the estate, and whether the matter is contested. For a straightforward uncontested probate in Dallas County or Harris County, total costs — including court filing fees and attorney fees — typically range from a few thousand dollars to several thousand, depending on the type of administration required. Contested estates or dependent administrations can cost substantially more.
McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas manage probate costs by identifying the most efficient proceeding for each estate. The firm offers flat fee pricing on many probate matters, giving clients cost certainty from the outset. With over 35 years of experience in Texas probate courts, the firm’s attorneys know how to avoid unnecessary expenses while keeping the process on track.
What Are the Court Filing Fees for Probate in Texas?
Every probate case begins with a court filing fee, which varies by county. In Dallas County, filing fees for a probate application typically range from $300 to $400. Harris County filing fees are in a similar range. These fees cover the initial filing of the application and the court’s processing of the case.
Additional court costs may apply depending on what the estate requires. If the court needs to appoint an attorney ad litem — common in heirship proceedings or when potential heirs cannot be located — the estate bears that cost as well. Citation fees for serving notice on interested parties and fees for certified copies of court orders are additional line items that add to the total.
For families filing in Dallas County probate courts, it is worth noting that each court may have slightly different scheduling practices that can affect how quickly the case moves — and faster resolution generally means lower total costs.
How Much Do Probate Attorneys Charge in Texas?
Attorney fees represent the largest single cost in most Texas probate cases. Probate attorneys in Texas typically charge either a flat fee or an hourly rate, depending on the complexity of the matter and the attorney’s billing practices.
Flat fee arrangements are common for straightforward proceedings such as uncontested probate, muniment of title, and small estate affidavits. A flat fee gives the family a clear, predictable cost from the beginning — there are no surprises if the case takes longer than expected or requires additional correspondence with the court.
Hourly rates are more common for contested probates, dependent administrations, and estates with complex assets such as business interests, oil and gas royalties, or out-of-state property. Hourly rates for experienced Texas probate attorneys generally range from $250 to $500 per hour, though rates vary by market and attorney experience. In Dallas and Houston, rates tend to be at the higher end of that range.
McCulloch & Miller, PLLC offers flat fee options on many probate matters, an approach that reflects the firm’s commitment to transparency and its understanding that families dealing with a loved one’s estate should not have to worry about unpredictable legal bills.
What Factors Affect the Total Cost of Probate?
Several variables can push probate costs higher or keep them relatively low. The most significant factors include the type of proceeding, the size and complexity of the estate, whether any disputes arise, and the county where the case is filed.
| Factor | Lower Cost | Higher Cost |
|---|---|---|
| Type of Proceeding | Muniment of title or small estate affidavit | Dependent administration or contested probate |
| Estate Complexity | Simple assets (home, bank accounts) | Business interests, real property in multiple counties, tax issues |
| Family Agreement | All heirs agree on administration | Disputes among heirs or will contests |
| Attorney Fee Structure | Flat fee | Hourly billing for complex or prolonged matters |
| Creditor Claims | No outstanding debts | Multiple creditors requiring negotiation or litigation |
Estates that qualify for muniment of title under Texas Estates Code § 257.001 are typically the least expensive to probate because the proceeding involves fewer steps: no executor is appointed, no creditor notice is required, and no ongoing administration is necessary. Small estate affidavits under Texas Estates Code § 205.001 can also be a low-cost option for very modest estates that meet the statutory requirements.
How Can You Reduce Probate Costs in Texas?
The most effective way to reduce probate costs is to plan ahead. A well-drafted will that includes independent administration language allows the estate to avoid dependent administration and its associated expenses. Including clear, specific provisions about asset distribution reduces the likelihood of disputes among beneficiaries.
For some families, probate avoidance strategies — such as revocable living trusts, transfer-on-death deeds, and beneficiary designations — can eliminate the need for probate entirely. These tools transfer assets directly to beneficiaries outside of the court system, saving both time and money.
Families who are already facing probate can reduce costs by acting promptly. Filing within the four-year deadline preserves all available options. Gathering documents — the original will, death certificate, asset information, and debt records — before meeting with an attorney helps the process move more efficiently. And choosing an attorney who offers flat fee pricing eliminates the uncertainty of hourly billing.
Frequently Asked Questions
Is probate required for every estate in Texas?
No. Some estates can be settled without probate if the decedent used probate avoidance tools such as a living trust, beneficiary designations, or joint ownership with right of survivorship. Very small estates may also qualify for a small estate affidavit under Texas Estates Code § 205.001, which avoids formal probate proceedings.
Who pays for probate in Texas?
Probate costs — including court fees and attorney fees — are typically paid from the estate’s assets. The executor or administrator uses estate funds to cover these expenses before distributing the remaining assets to beneficiaries. If the estate lacks sufficient funds, the person who initiated the probate proceeding may bear some costs.
Can probate be done without an attorney in Texas?
Texas law allows individuals to represent themselves in probate proceedings. However, probate involves court filings, legal deadlines, and testimony under oath — and errors can result in delays, increased costs, or denial of the application. Most families find that working with an experienced probate attorney is more efficient and less stressful.
Talk to a Dallas or Houston Probate Attorney
If you need to probate an estate in Dallas, Houston, or anywhere in Texas, the attorneys at McCulloch & Miller, PLLC can evaluate the estate and recommend the most cost-effective approach. Founding partner Thomas McCulloch brings over 40 years of experience and holds dual credentials as an attorney and a CPA, providing a financial perspective that helps families minimize costs while fulfilling their legal obligations. Flat fees are available for many probate matters.
Call (713) 333-8900 or schedule a consultation online to discuss your estate.
This article is for informational purposes only and does not constitute legal advice. Every situation is different — consult with a qualified attorney to discuss your specific circumstances.