What 'probate cost' actually means in Texas
Texas probate is the court-supervised process of transferring assets from a person's sole-name ownership to their heirs after death. Even Texas's relatively efficient Independent Administration regime under Tex. Est. Code Ch. 401 carries hard costs:
• Court filing fees (county-level — typically $300–$500) • Attorney fees (the largest line — typically $3,500–$8,000+ for a routine independent administration) • Newspaper publication of the application to probate • Bond premiums (waived under most independent administrations) • Inventory & appraisement filing • Federal estate tax return (Form 706) preparation if the estate exceeds the federal exemption
Add 6–12 months of waiting before heirs can receive their inheritance, and you can see why probate avoidance has become a default strategy for the Texas families who plan ahead.
Harris County (Houston): the busiest probate court in Texas
Harris County's Probate Courts 1–4 process more probate cases than any other Texas county — over 12,000 filings annually. The volume creates real timeline pressure: uncontested independent administrations average 8–11 months from filing to final distribution.
TYPICAL COSTS (Harris County, routine estate): • Filing fee (Probate Court 1–4): ~$430 • Attorney fee (independent administration, no contest): $4,500–$7,500 • Publication of citation: ~$150 • Bond (usually waived): $0 • Total typical cash cost: $5,000–$8,000
Houston-area families with real estate, retirement accounts, and a single-name brokerage account routinely see all-in probate costs above $7,500.
Dallas County: median timeline, top-tier complexity
Dallas County's Probate Court 1–3 (and the Statutory Probate Courts) handle a high volume of will contests and dependent-administration disputes — meaning legal fees run higher than average when anything is contested.
TYPICAL COSTS (Dallas County, routine independent administration): • Filing fee: ~$415 • Attorney fee (uncontested independent administration): $4,000–$7,000 • Publication: ~$140 • Total typical cash cost: $4,500–$7,500
Dallas-area attorneys often quote estate-planning fees ($3,500–$5,000 for a will package, $4,500–$6,500 for a trust) that match the eventual probate cost almost dollar-for-dollar — making the trust the obvious economic choice.
Tarrant County (Fort Worth): faster, but still expensive
Tarrant County's Probate Court 1–2 are known for moving faster than Harris or Dallas — a routine independent administration often closes in 6–8 months. The cost structure is similar though.
TYPICAL COSTS (Tarrant County): • Filing fee: ~$390 • Attorney fee (uncontested IA): $3,500–$6,500 • Publication: ~$130 • Total typical cash cost: $4,000–$7,000
Quick-reference table: the Texas Big Seven
TYPICAL ALL-IN PROBATE COST, ROUTINE INDEPENDENT ADMINISTRATION
County Typical attorney fee Filing+publication Total cash cost ───────────────────────────────────────────────────────────────────────────── Harris (Houston) $4,500–$7,500 ~$580 $5,000–$8,000 Dallas $4,000–$7,000 ~$555 $4,500–$7,500 Tarrant (FW) $3,500–$6,500 ~$520 $4,000–$7,000 Travis (Austin) $4,000–$7,000 ~$540 $4,500–$7,500 Bexar (SA) $3,500–$6,500 ~$510 $4,000–$7,000 Collin (Plano) $4,000–$7,000 ~$550 $4,500–$7,500 Denton $3,500–$6,000 ~$525 $4,000–$6,500
Source: Composite of public attorney fee schedules + county-court filing-fee published rates (2025–2026). Costs are illustrative; your matter may differ.
What a Texas Trust costs — and why the math is so lopsided
A Revocable Living Trust eliminates probate cost entirely for assets titled in the trust:
• Starter Trust Plan: $479 (core trust + pour-over will + funding instructions) • Complete Trust Plan: $997 (everything in Essential plus a coordinated incapacity stack) • Premium Trust Plan: $1,497 (sized for married couples, joint or separate trusts)
Compare: Avg Texas probate cost: $5,500 Starter Trust Plan: $479 Net savings to family: $4,500+
Plus the trust skips the 6–12 month wait. Heirs receive trust assets in days, not months. They never see the inside of a probate court.
When probate is actually unavoidable
A Trust avoids probate only for assets TITLED in the trust. Three exceptions to know:
-
ASSETS WITH BENEFICIARY DESIGNATIONS pass automatically regardless of trust ownership — IRAs, 401(k)s, life insurance. A trust doesn't change that, and you don't need it to.
-
TEXAS HOMESTEAD has special protections under Tex. Const. Art. XVI § 51 + Tex. Est. Code § 102.005. We draft trust deeds that preserve homestead character.
-
ASSETS NOT FUNDED INTO THE TRUST still go through probate. The pour-over will (included in every plan) directs them into the trust at death — but THIS is the part that goes through probate. Funding the trust during your lifetime is what eliminates the probate step entirely. We provide funding instructions with every plan.
What about a Texas Transfer on Death Deed?
For real estate specifically, Texas's Transfer on Death Deed (Tex. Est. Code Ch. 114) lets your home pass directly to a named beneficiary without probate — for $49 + recording fee.
It's a great single-asset tool. But it doesn't address: bank accounts, brokerage, business interests, minor children's guardianship, incapacity continuity, or anyone who isn't your direct beneficiary on the deed. For a full estate plan, the Trust does what the TODD does — and everything else.
The bottom line
If your estate exceeds $50,000–$75,000 OR includes a Texas home, the math on a Revocable Living Trust almost always works. You pay less up front than your family will pay in probate. You skip the 6–12-month wait. You keep your estate private.
We've productized the trust so you can do it from your kitchen table in 15 minutes of intake — and still get an attorney-drafted document, not a fill-in-the-blank template.