- 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
- N/A
- Do It Yourself Support
- An individual can prepare and file probate forms with the probate court.
- Probate Statutes
- Chapter 256 and 257 of the state code. Follow this link and then search for probate. http://www.statutes.legis.state.tx.us/
- 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.
