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Draft state probate reference

Probate in Texas: Small Estate and Executor Guide

This draft Texas probate reference summarizes selected personal-representative compensation and small-estate affidavit concepts. Court procedure and eligibility depend on the estate's facts.

Draft data: not verified

This page has not been verified against current official Texas sources. Do not rely on its dollar amounts, fee summary, form name, or procedure without checking the cited statute, current court instructions, and the facts of the estate.

Executor fee rule

Texas Estates Code section 352.002 generally describes a 5% commission on qualifying cash received or paid out in administering an estate, subject to statutory limits and exclusions.

The commission is tied to qualifying receipts and payments rather than simply applying 5% to every asset in the gross estate.

Draft schedule

  • 5% of qualifying amounts received or paid out, subject to the statute

Important limits

  • The statute excludes or limits compensation for certain property and transactions.
  • A will, court finding, independent administration, or unusual services can affect compensation.
  • The statutory cap and the definition of qualifying receipts and disbursements require case-specific review.

Small estate information

Draft threshold
$75,000 or less in qualifying estate assets, excluding homestead and exempt property
Scope
The small-estate affidavit process has additional requirements involving the passage of time, debts, assets, heirs, and whether a personal representative is pending or appointed.
Form or process name
Small Estate Affidavit under Texas Estates Code chapter 205; local county form requirements may apply

Eligibility cautions

  • A small dollar amount alone does not establish eligibility.
  • The affidavit generally cannot be used until at least 30 days after death.
  • County courts may require local forms, exhibits, or procedures.

Draft probate notes

  • Texas distinguishes independent and dependent estate administration, which can change the level of ongoing court supervision.
  • Small-estate affidavit eligibility depends on more than gross asset value, including the relationship between qualifying assets and liabilities.
  • Homestead rights, exempt property, community property, and title issues can materially change the analysis.

Statutes and official starting points

These links are provided for independent review. Their inclusion does not mean this draft page has completed legal verification.

Other draft state references

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Frequently asked questions

Is this Texas probate information verified?

No. This is a draft reference that has not been verified against current official state sources for publication.

What is the draft Texas small-estate threshold?

$75,000 or less in qualifying estate assets, excluding homestead and exempt property. Eligibility has additional requirements and must be confirmed for the specific estate.

How are executor fees described in Texas?

Texas Estates Code section 352.002 generally describes a 5% commission on qualifying cash received or paid out in administering an estate, subject to statutory limits and exclusions.

Should I rely on this page instead of legal advice?

No. Probate rules change and depend on the facts. Check current court instructions and statutes, and consult a licensed attorney for legal advice.

This tool provides general information and document templates for convenience. It is not legal advice. Laws vary by state and change over time. Consult a licensed attorney for your situation.