How Much Does an Estate Have to Be Worth to Go to Probate in Texas?

Updated on: October 30, 2026

Texas sets no minimum dollar amount that sends an estate to probate. Probate is the court process that proves a will or identifies the heirs, gives someone authority over the estate, and transfers title to what the decedent owned alone.

Key takeaway

Start by listing what was titled only in the decedent’s name. Accounts with beneficiaries, written survivorship, trust assets and a house with a recorded TOD deed drop out of the count. If what is left falls under the small-estate cap, there is no will, and the only real estate is the homestead, the affidavit may work. A will, a non-homestead house, or debts beyond real estate liens point to muniment of title or an administration instead.

Who this guide is for

Austin-area heirs and executors trying to tell whether a loved one’s estate, including a house, must go through probate court.

Texas probate thresholds at a glance

• $75,000 small-estate cap excludes homestead and exempt property; intestate estates only.
• Affidavit waits 30 days after death; assets must exceed known debts.
• Assets use date-of-death market value; inventory due within 90 days of qualifying.
• Beneficiary, written-survivorship, trust and recorded-TOD assets skip the probate count.
• A will generally must be offered for probate within four years.

Is there a dollar amount that triggers probate in Texas?

No estate value, high or low, sends a family to court by itself. Some assets are titled only in the decedent’s name and have no beneficiary, survivorship right, trust or recorded deed to pass them. Each of those needs court authority, such as letters testamentary, or a qualifying affidavit before anyone can transfer it. Four things decide whether court is needed and which route applies:

1. Probate assets: whether any sole-name assets exist at all.
2. A will: whether the decedent left one.
3. Real estate: whether title has to change hands, since a buyer’s title company will want a recorded court order or a qualifying affidavit.
4. Debts: whether unpaid debts exist beyond liens on real estate.

The only dollar figure in the rules is a ceiling on one shortcut, the small estate affidavit. Going over it does not trigger full probate; it only rules that shortcut out. Real estate the decedent owned in another state may need a separate proceeding in that state.

The $75,000 small estate limit

Falling under the cap does not by itself mean no probate. The affidavit is open only when the decedent left no will, so a small estate with a will still goes to court, often by muniment of title.

Under Texas Estates Code § 205.001, the heirs of a person who died without a will can claim the estate through a small estate affidavit when:

• the estate’s assets, excluding the homestead and exempt property, are worth that amount or less
• at least 30 days have passed since the death
• no application to appoint an executor or administrator is pending or has been granted
• the assets exceed the known debts
• the court clerk approves a conforming affidavit; until then, filing it has no effect

For real estate, § 205.006 lets the affidavit pass the homestead only when it is the estate’s only real property. The affidavit must then be recorded in the deed records of the county where the home sits. A second parcel of any kind rules out even the homestead transfer, and no other real estate can pass this way.

What counts toward the probate estate (and what doesn’t)

The value that matters is the probate estate, which is often much smaller than everything the person owned. To avoid probate, first confirm which assets already pass outside it, then check whether what remains fits a shortcut.

Counts toward the probate estate:

• Bank and investment accounts in the decedent’s sole name with no beneficiary
• Non-homestead real estate in the sole name
• Vehicles and personal property beyond the exempt list
• Money owed to the decedent
• The decedent’s share of community property that does not pass by survivorship

Passes outside probate:

• Life insurance, retirement accounts and annuities with a living named beneficiary
• Payable-on-death accounts
• Joint accounts or deeds with a written right of survivorship
• Assets titled in a living trust, because the trust owns them, even if the decedent also left a will
• Real estate with a TOD deed signed, notarized and recorded before death; an unrecorded deed leaves the house in probate

Texas does not presume survivorship between joint owners. Under Estates Code § 111.001, it must be agreed in writing and cannot be inferred from joint ownership alone. For spouses’ community property, Chapter 112 requires a written agreement signed by both. If a named beneficiary has died or the designation is blank, the asset falls back into the probate estate.

Exempt property is also left out of the small-estate count. Under Estates Code § 353.051 and Property Code § 42.002, that includes:

• home furnishings and family heirlooms
• provisions
• farming or ranching vehicles and implements
• tools and vehicles used in a trade
• clothing
• household pets

If a spouse dies without a will and the community property passes to the surviving spouse, no administration of that property is necessary (§ 453.002). With no executor or administrator in place, the surviving spouse can collect community claims, pay community debts and sell or lease community property to wind up the couple’s affairs (§ 453.003).

How the value of an estate is determined for probate in Texas

Assets are valued at fair market value as of the date of death, not the date of filing or sale. A bank or brokerage account counts at its date-of-death value, not the balance when it is closed.

In a full administration, the executor or administrator must file a sworn inventory, appraisement and list of claims within 90 days after qualifying (Estates Code § 309.051). It lists each probate asset and its date-of-death value. An independent executor may file an affidavit instead when the estate has no unpaid debts other than secured debts, taxes and administration expenses (§ 309.056). For good cause, the court can appoint one to three disinterested county residents to appraise the property, on its own or at an interested person’s request (§ 309.001).

Families often mix up two kinds of value:

• Gross value vs. equity: what the house would sell for vs. what is left after the mortgage. The small-estate cap applies to the first. The statute’s structure measures the assets themselves, so debts and liens do not lower the count. Whether assets exceed debts is a separate test.
• Market value vs. tax value: the appraisal district sets a value for property tax, and it can differ from what the home would sell for, so it is not the probate value.

Debts are listed as claims and paid from the estate.

How to value the house for probate (appraisal vs. market analysis)

The house usually decides the route. In the City of Austin, the median residential sale price was $570,958 in September 2026, so one non-homestead property alone is worth more than seven times the small-estate cap. A probate real estate guide in Austin details the steps for managing these property transfers.

There are two ways to put a number on the house:

1. Licensed residential appraisal: it is valued as of the date of death and can be done months later. Use it for the court inventory, a dispute among heirs, a buyout between heirs, or tax records.
2. Comparative market analysis or broker price opinion: it is quick and low cost, and it helps heirs decide whether to sell, rent or buy out a sibling. It is not an appraisal, so ask the estate’s attorney whether the court will accept it for the inventory.

A documented date-of-death value also matters if heirs sell, because it sets their starting tax basis; a tax professional can confirm how that applies. A probate-experienced local agent, such as the best probate real estate agent in Austin, TX, can prepare the market analysis from the home’s condition, size and recent comparable sales.

Quick decision guide: does this estate need probate?

Work through these in order and stop at the first one that fits.

1. Everything passed outside probate: if every asset is on the passes-outside-probate list, no probate is needed.
2. There is a will: if the estate has no unpaid debts other than real estate liens, muniment of title may transfer title without an executor. Otherwise, an executor is appointed to manage the estate through an administration.
3. No will, small estate, homestead only: if the probate assets fall under the cap and the only real estate is the homestead, the small estate affidavit is available once its other conditions are met.
4. No will and other real estate: heirs need a court determination of heirship or an administration. An affidavit of heirship recorded in the county records is sometimes used to show who inherited real estate.
5. Debts exceed assets: the affidavit’s debt test fails, and an administration is usually needed.

In Travis County, each of these filings goes through the Travis County Clerk and is handled by Probate Courts No. 1 and No. 2.

How the probate route changes time and cost

The small estate affidavit needs no executor and is the shortest path. Muniment of title ends with a single court order. A full administration needs an executor, a published notice to creditors and an inventory, and it stays open the longest. Simple matters often wrap up in a few months, while contested ones can run a year or more.

In Travis County, the clerk’s filing fee is $360 for any of these applications:

• letters testamentary
• muniment of title
• appointment of an administrator
• a small estate affidavit

A $525 deposit is added when the court requires an ad litem, such as for a lost will or a will offered more than four years after death.

Rather than one fixed waiting period, Texas probate has several:

• the affidavit’s wait after death
• the inventory deadline after an executor or administrator qualifies
• the time an administration stays open so creditors can present claims

Probate attorney fees are usually billed hourly for an administration and often as a flat rate for simpler routes.

Frequently asked questions

Do all wills have to go to probate in Texas?

No. A will has to go to court only when the decedent left sole-name assets that need a court order to transfer, so many wills are never probated because everything passed outside probate. A will can also go unprobated because the four-year deadline has passed.

Can I probate a will after 4 years in Texas?

Only if the applicant proves they were not in default in failing to offer the will within four years of death (Texas Estates Code § 256.003). Even then, letters testamentary cannot issue unless the application was filed on or before the fourth anniversary. A late will is therefore usually probated as a muniment of title, and Travis County adds the ad litem deposit to the filing fee.

If the will cannot be admitted, the estate passes as if there were no will. A proceeding to declare heirship, in which the court identifies the heirs and their shares, can be brought at any time after death (§ 202.0025).

How much does it cost to file a small estate affidavit in Texas?

In Travis County, a small estate affidavit carries the same clerk’s filing fee as the other probate applications under the 2026 fee schedule. The ad litem deposit is added only if the court requires an attorney ad litem.

Does Texas tax an estate based on how much it is worth?

No. Texas has no state estate or inheritance tax; its former inheritance tax was repealed effective September 1, 2015. The federal estate tax exclusion for 2026 is $15,000,000 per person ($30,000,000 for a married couple using portability), with a 40% top rate above it. Most estates owe no federal estate tax, and that threshold has no bearing on which probate route applies.

Do you need a lawyer to probate an estate in Travis County?

Travis County Probate Courts No. 1 and No. 2 require a licensed attorney for applications for letters testamentary, letters of administration and determinations of heirship, because a self-represented applicant cannot represent an estate. A small estate affidavit is the exception: all the heirs can file it together without a lawyer, though the court notes an attorney’s help drafting it may prevent a denial.

Sources

• Texas Estates Code Chapter 205: Small Estate Affidavit
• Texas Estates Code Chapter 111: Survivorship Agreements
• Texas Property Code Chapter 42: Personal Property Exemptions
• Texas Estates Code Chapter 453: Community Property Administration
• Texas Estates Code Chapter 309: Inventory, Appraisement and List of Claims
• Texas Estates Code Chapter 256: Probate of Wills
• Texas Estates Code Chapter 202: Determination of Heirship
• September 2026 Central Texas Housing Report
• Travis County Clerk Probate Fee Information
• Travis County Probate Court Policy on Pro Se Applicants
• Does Texas Have an Estate Tax?