How Much Probate Costs With And Without A Will In Texas

Many people are afraid of drawing up a Will and other estate planning documents because they think it's too expensive. The truth is, the cost of drawing up a Will or Trust is small compared to the cost of probate of an estate if you die without a Will. 

In this article, I will cover the cost of probate in Texas with and without a Will, as well as the cost of drafting a Will. You could be looking at much higher costs in other states. All these costs will vary depending on where you are. If you are in a big city in Texas, the costs may be higher.

The Cost Of Drawing Up A Will

For a simple mom-and-pop Will, where spouses leave everything to each other, if surviving, or on the death of the survivor to their adult children, the cost is not likely to be more than $750 per person. 

Even if trust provisions are added to the Will for possible minor beneficiaries, the cost is still likely around $1,000 per person. 

The Cost Of Probate With A Will

If a person dies with a Will and owned real estate or other assets of significant value when he or she passed away, and they have not made proper beneficiary or payable-upon-death arrangements, their beneficiaries will need to go through a probate procedure to receive their inheritance. 

In Texas, if the deceased had a Will providing for an independent administration, which is standard for lawyers to include in a Will, the cost of probate probably would range from $1,500 to $2,000 minimum in attorneys' fees. 

Filing fees for a probate are about $480 in Texas. Attorneys' fees would be higher for a more complicated estate.

This may seem like a lot of money, but it is a steal compared to how much you would have to pay if the person did not have a Will.

The Cost Of Probate Without A Will

If a person dies without a Will and owns real estate or other assets of significant value that have not been transferred by beneficiary designations, administration of the estate or a similar procedure will be required at some point to transfer those assets. 

There are endless possible complications for how the assets will need to be transferred if you die without a Will (intestate). Even in the simplest situation, however, in most cases, your family is looking at a minimum of $3,500 to $5,000 in fees and expenses. For more complicated estates, the fees and expenses will likely exceed $5,000. A Determination of Heirship proceeding coupled with an application for either dependent or independent administration of the estate may be required. This can be even more costly if there are many intestate heirs.

If strict statutory conditions are met, a Small Estate Affidavit procedure might be used. The attorneys' fees for this procedure would range from $1,500 to $2,000. Filing fees would be close to $500. The states where this less expensive procedure can be used, however, are very limited. 

The costs of both of these probate approaches in an intestate state assume that the potential legal heirs agree on how the estate should move forward. If not all the heirs can agree, the cost can be substantially higher. 

Also, without a Will, your loved one's estate may be divided up in a way that is not what they would have wanted. This can lead to family disagreements and heartache during an already emotionally difficult time.

These are just general ballpark figures for Texas, and the true cost for your situation could run much higher, depending on the circumstances. 

A Will Is The Smart Move For Your Estate & Your Family

Obviously, drawing up a Will is the smart way to handle your estate. Failing to do so will only end up costing much more than the cost of a Will, and your heirs will have to deal with the payment either out of their pockets or from the estate if there is enough money there.  

Probate for each state is different. You should meet with an attorney in the decedent's home state to give you fee and cost estimates on handling the probate administration of the estate. 

If you would like to talk about drawing up a Will or other estate planning documents in the state of Texas, please call Adair M. Buckner for a free initial consultation.*

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*(The free consultation does not cover the actual review of documents or giving legal advice on a specific situation.)

** Please remember that the cost estimates given are only general, ballpark numbers for the Amarillo area and costs can vary widely depending on many variables in your individual situation.

*** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.