- Probate value
- Net Value (fair market value less secured and unsecured debt).
Do not include the value of real property considered the homestead of the deceased as part of the probate estate.
- Small Estate Affidavit
- If there is no will and the value of the Texas probate state, excluding homestead, does not exceed $50,000. Can only be used to transfer homestead, not other real estate.
30-day waiting period.
- Summary Administration
- If the value of the probate estate is less than that needed to pay a family allowance and certain creditors. Can also be used when either the will or all beneficiaries request “independent administration.”
- Surviving spouse procedure
- No special surviving spouse procedures.
- Ancillary Probate
- Out of-court affidavit procedure is available if there is no Will and the value of the entire Texas probate estate, not including homestead and exempt property is $50,000 or less. A probate judge must approve the affidavit.
There is a 30-day waiting period.
- Statutory Attorney Fees*
- Reasonable fees.
- Statutory Executor Fees
- 5% of income and outgoing cash.
- Probate Court Costs
- Do It Yourself Support
- An individual can prepare and file probate forms with the probate court.
- Probate Statutes
- Special Notes
- Texas allows a family to probate your estate using a process referred to as an “independent administration”. The court appoints an Administrator. The administrator provides an inventory of the estate and a list of creditors. After the inventory is filed, the administrator proceeds without the probate judge’s approval. The majority of Texas probate procedures use the “independent administration” process.
Ask a lawyer how to add words like these to your will. “I appoint John Jones (replace with your own choice) as my independent executor, to serve without bond.”
If the Will does not include this phrase or a similar phrase, or if the deceased did not prepare a Will, the “independent administration” is available as long as all of the heirs agree.
Texas statutes also provide for a unique type of procedure called “Muniment of Title.” The Will is filed with the county recorder. A copy of the Will can be used to transfer title. See a Texas probate attorney for more information.