Probate is the legal process of settling a deceased person's estate. While often necessary, the probate process can be time-consuming and financially overwhelming. Costs range from standard court filing fees to attorney fees and unexpected expenses. Understanding what you might need to pay—and why—can help you plan ahead, minimize unnecessary costs, and avoid delays in distributing the estate.
In Texas, probate costs can vary widely depending on the complexity of the estate, whether there is a will, and whether the process is contested. Some fees are predictable, such as court filing fees, while others—like executor compensation or expenses related to disputes—can quickly add up.
However, the potential costs should not discourage you from hiring legal help. A Killeen, TX, probate attorney at the Law Office of Brett H. Pritchard can manage the details of the process on your behalf. Probate can be overwhelming during an already difficult time. Having a lawyer on your side can bring peace of mind and lift some of the burden from your shoulders.
Here is what you need to know about probate expenses—from attorney fees and court costs to hidden charges.
How Much Does a Probate Attorney Charge?
Probate lawyers typically bill clients in one of three ways: hourly, flat fee, or as a percentage of the estate value.
Hourly Rates:
Hourly rates are the most common billing method. You are charged in increments (typically one-tenth of an hour) for all tasks performed. An upfront retainer may be required, and unused portions are refunded at the end of the case.
Flat Fees
Some attorneys offer a flat rate for handling the entire probate case. This provides cost certainty, though it may not always reflect the actual amount of work involved.
Percentage of the Estate
Some attorneys charge a percentage based on the total value of the estate. This method offers predictability but may be more expensive in larger estates.
While attorney fees are a financial investment, they can significantly reduce the burden and complexity of handling probate on your own. If you’re facing probate in Texas, speak with a Killeen probate lawyer to protect your interests and reduce your stress.
Why You Want and Need a Probate Lawyer
It’s understandable to be concerned about probate costs, but attempting to handle the process without legal guidance can be risky. Probate involves numerous legal steps, including:
Filing the initial petition
Validating the will
Appointing a personal representative
Identifying and valuing assets
Notifying creditors
Paying debts and taxes
Final accounting and closing the estate
Each step involves specific legal requirements. Probate mistakes can delay the process or even cause disputes. A Killeen probate attorney from the Law Office of Brett H. Pritchard can help ensure everything is handled correctly and on time.
If you are an interested party, a lawyer can also protect your legal rights. Waiting to hire an attorney may increase your costs and create complications that could have been avoided.
Probate Litigation Costs Can Be Prohibitive
If a probate case becomes contested, litigation costs can escalate rapidly. These costs may include:
Attorney fees for ongoing representation
Court filing fees for motions
Expert witness costs
Discovery expenses
Litigation can drag out probate for years and substantially drain the estate. Hiring a probate lawyer early can help avoid these pitfalls. An attorney can also assist in resolving disputes before they turn into lawsuits.
If you suspect a probate dispute may arise, speak with a probate attorney right away. Early intervention may save time and money in the long run.
What Are the Court Costs Associated with Probate?
Court fees are one of the few predictable expenses in probate. In Bell County, TX, the filing fee for a new probate case is $360. This includes:
$223 local consolidated fee
$137 state filing fee
Other possible court-related costs include:
Filing claims or cross-claims: $120
Each claim against the estate: $12
Issuing citations or service: $70–$85
Final account or settlement filing: $105
Certified copies of documents: Varies
In addition, the executor is entitled to a commission of up to 5% of estate transactions. However, many executors waive this fee to avoid taxation or because they are also beneficiaries.
What Are Potential Hidden Costs in the Probate Process?
Beyond attorney and court fees, several less obvious costs may arise during probate:
Accounting services to file final tax returns
Advertising fees to publish required notices
Property maintenance costs (utilities, lawn care, insurance)
Executor bond (if not waived)
Appraisal and valuation fees for real or personal property
These expenses vary based on the size and nature of the estate. If litigation occurs, the estate may incur even more costs, including additional legal fees and expert testimony expenses.
A probate attorney can provide a cost estimate early in the process to help you plan. Importantly, most probate expenses, including legal fees, are paid from the estate itself—not out of the family’s personal funds.
Contact a Killeen, Texas, Probate Lawyer Today
If you’re beginning the probate process after the loss of a loved one, our experienced Killeen probate lawyers at the Law Office of Brett H. Pritchard are here to guide you through every step. Whether there is a will or not, we can help ensure the estate is properly administered, debts are resolved, and assets are distributed according to Texas law.
We also help clients explore streamlined options like muniment of title or independent administration to minimize expenses and reduce delays. Contact us online or call us at (254) 781-4222 to schedule your FREE consultation today.