Texas Probate Courts

Court

Statutory Probate Court / County Court at Law / Constitutional County CourtIn Texas, 10 major urban counties have specialized Statutory Probate Courts (Harris, Dallas, Tarrant, Bexar, Travis, etc.). In smaller counties, probate is heard by the County Court at Law or Constitutional County Court. Texas is famous for Independent Administration.

Small estates

$75,000 estate assets excluding homestead and exempt property; intestate estates only; affidavit must be approved by the courtTex. Estates Code § 205.001 (Small Estate Affidavit)

Filing the will

Must be filed for probate within 4 years from decedent's death (Tex. Estates Code § 256.003)

Creditor claims

PR must publish notice to general creditors within 1 month after letters issue and mail notice to secured creditors within 2 months; optional permissive notice bars an unsecured claim not presented within 120 days after the creditor receives itTex. Estates Code §§ 308.051, 308.053, 308.054 & 355.060

Executor fees

Five and Five Rule: 5% of all amounts received in cash and 5% of all amounts paid out in cash, capped at 5% of gross estate (Tex. Estates Code § 352.002)Tex. Estates Code § 352.002 (Statutory Commission) · calculator

Estate tax

NoneTexas Constitution Art. VIII Sec. 24 prohibits any estate or inheritance tax.

Inheritance tax

NoneNo state inheritance tax in Texas.

Typical duration

4 to 9 months (under Independent Administration)

Official courts site

txcourts.govCase search: re:SearchTX (Texas Statewide Judiciary Portal / County Clerk Odyssey)

Re-checked Sept 2026 against: texas.public.law · texas.public.law