Fortunately for Texans, the probate process has been streamlined for efficiency by the Texas legislature. The probate process in Texas is fairly simple and can usually be handled by a qualified Probate Lawyer in a very short manner. In most circumstances in one to six months (assuming there is a Will and it is not contested). Because of our streamlined system the estate is rewarded with rather inexpensive legal fees as compared to other States.
Below is our estimates for legal fees. Of course, every situation is independently unique and actual legal fees could be dramatically increased including but not limited to situations where there are contests to the Will or there is a complex estate involved. The estimates below do not include fees charged by the Courts which typically range from $200 to $250.
PROBATE OF ESTATES WITH A WILL IN TEXAS
Probate of Will as Muniment of Title ($1,200-$1,500)
Estates may qualify for this less expensive procedure if there is a properly drafted will and the estate has no debts other than mortgages on real estate.
Independent Administration ($1,500-$2,200)
If there are existing debts the Will most likely be probated as an Independent Administration.
PROBATE OF ESTATES WITHOUT A WILL IN TEXAS
Heirship Proceeding (Minimum of $3,000)
If the estate is worth more than $50,000 (not including the homestead and certain non-probate assets), it may be necessary for a judge to determine who the heirs are. The judge may appoint an “attorney ad litem” to represent the interests of potential or “unknown” heirs. Legal fees are at a minimum of $3,000 but can be much more. The exact cost depends on the number of heirs and the complexity of the estate, but is generally more expensive than probating a will. Furthermore, if property passes to minor children, it may be necessary to establish a guardianship, which can be very costly.
PROBATE OF SMALL ESTATES IN TEXAS
Small Estate Affidavit ($500-$1,000) If the estate is worth less than $50,000 (not including the homestead and certain non-probate assets), the estate may qualify for this procedure. The cost depends on the number of heirs and the difficulty in reaching them, but is generally much less expensive than an heirship proceeding. However, if property passes to minor children, it may be necessary to establish a guardianship, which can be very costly.
To speak to an attorney about your matter, please call us now at 512-322-5367.