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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.

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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.