What Happens in Texas Probate?
When you pass away with only a will, your estate must go through the Texas probate court. Here's what that means for your family.
Time-Consuming
Texas probate typically takes 6-18 months. Complex estates can take 2-3 years or longer.
Expensive
Attorney fees, court costs, and executor fees typically cost 3-5% of your estate value.
Public Record
All probate documents become public record. Anyone can see your assets, debts, and beneficiaries.
Court Supervision
The court controls the process. Your family must get court approval for many decisions.
ESTATE ASSET FLOW
Where the Money Goes
Costs come out first. Family receives what remains. This is a simplified illustration of a hypothetical $1,000,000 Texas estate — actual outcomes vary by county, complexity, and the assets involved.
No Valid Will
Highest Cost
Valid Will
More Efficient Probate
Trust-Based Plan
Probate Avoided
No Valid Will
Intestate · Heirship Determination
- Estate Assets$1,000,000
- Probate Attorney− $45,000
- Attorney Ad Litem− $25,000
- Court & Admin Fees− $15,000
- Estate Expenses & Debts− $40,000
Court determines heirs. Estate pays multiple attorneys. Highest cost, longest delay.
Valid Will
Probate · With Clear Instructions
- Estate Assets$1,000,000
- Probate Attorney− $25,000
- Court & Admin Fees− $8,000
- Estate Expenses & Debts− $40,000
A properly drafted Will does not avoid probate, but probate runs more efficiently with clear instructions.
Trust-Based Plan
Properly Funded Living Trust
- Estate Assets$1,000,000
- Probate (funded assets)Avoided
- Trust Administration− $6,000
- Estate Expenses & Debts− $40,000
A Trust avoids probate only for assets properly funded into the Trust. Funding is essential.
Costs come out first. Family receives what remains. Estate expenses, attorney fees, court costs, and debts are paid from the assets of the estate before any distributions are made to beneficiaries. The structure you choose today determines how much of that flow your family actually keeps.
Illustrative numbers for educational purposes only. Actual costs depend on county, complexity, asset types, and contests. A properly drafted Will does not avoid probate. A Trust avoids probate only for assets properly funded into the Trust.
The True Cost of Texas Probate
Compare probate costs to the one-time cost of a living trust.
Total: $15,000 - $50,000+
For a $500,000 estate
Total: $2,495 (one-time)
Our Living Trust Plan
Save $12,500 - $47,500+
By avoiding probate with a living trust
Protect Your Family from Probate
Start your estate plan today and save your family time, money, and stress.
Ways to Avoid Probate in Texas
Compare your options for keeping your estate out of probate court.
Most Comprehensive
Transfer your assets to a revocable living trust. Assets in the trust pass directly to beneficiaries without probate.
Advantages:
- Covers all asset types
- Provides incapacity protection
- Maintains complete privacy
- Immediate asset access
Limitations:
- Higher initial cost
- Requires funding the trust
Real Estate Only
Texas allows TOD deeds for real property. The property transfers automatically to named beneficiaries at death.
Advantages:
- Low cost
- Easy to set up
- Revocable during lifetime
Limitations:
- Only works for real estate
- No incapacity protection
- Becomes public record
Bank Accounts Only
Name beneficiaries directly on bank and investment accounts. Funds transfer automatically at death.
Advantages:
- Free to set up
- Easy to update
- Immediate access for beneficiaries
Limitations:
- Only for financial accounts
- No incapacity protection
- Can create unequal distributions
Limited Use
Property owned jointly with right of survivorship passes automatically to the surviving owner.
Advantages:
- Simple
- Immediate transfer
Limitations:
- Tax implications
- Loss of control
- Exposure to co-owner's creditors
- Gift tax issues
Texas Probate Questions Answered
How do I avoid probate in Texas?
How much does probate cost in Texas?
How long does probate take in Texas?
What happens if you die without a will in Texas?
Is a transfer-on-death deed a good alternative to a trust in Texas?
Can I avoid probate with a will in Texas?
Start Protecting Your Family Today
Don't leave your family to deal with probate court. Create your estate plan in just 15 minutes and have a Texas attorney review your documents.