Settling an estate in Texas
In Texas, probate typically takes 6-12 months. Estates under $75,000 can usually use a simpler small-estate process. Texas has no state estate tax and no inheritance tax.
The key numbers
Reviewed January 2026- Typical probate timeline
- 6-12 months
- Small estate limit
- $75,000
- Small estate process
- Small Estate Affidavit (must wait 30 days). Also has Muniment of Title for simple estates with a will.
- Deadline to file the will / open probate
- 4 years from date of death
- State estate tax
- No
- Inheritance tax
- No
- Executor pay
- Reasonable compensation (5% is a common guideline). Court approval required.
- Community property state
- Yes
- Homestead protection
- One of the strongest in the nation. Unlimited acreage in rural areas, 10 acres in urban.
Deadlines to know
- Small estate affidavit
- 30 days after death
- Probate filing deadline
- 4 years from death
- Creditor claims period
- 4-6 months
Common questions
How long does probate take in Texas?
Probate in Texas typically takes 6-12 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.
What is the small estate limit in Texas?
$75,000. Small Estate Affidavit (must wait 30 days). Also has Muniment of Title for simple estates with a will.
Does Texas have an estate or inheritance tax?
No. Texas has no state estate tax. It has no inheritance tax.
How much does an executor get paid in Texas?
Reasonable compensation (5% is a common guideline). Court approval required.
Next steps
Read the full Texas estate settlement guide, or start with Executor 101.
Get a Texas checklist with Afterward →Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the Texas probate court in the county where your loved one lived, or a local estate attorney.