Probate without a Will Fees

The Duran Firm can often assist a beneficiary of the estate for a fixed fee. In fact, the overwhelming majority of the Firm’s clients have qualified for fixed-fee probate. The type of administration required determines whether or not a fixed fee is possible. The Duran Firm cannot quote you a fee until the facts and circumstances of the case are determined.

In order to be considered for a fixed fee, the following conditions must be met:

1. The Decedent must have died a resident of the DFW area;
2. The Decedent must have died within the last four years; and
3. The matter must remain completely uncontested.

The Duran Firm likes to give you a complete picture of what you can expect to pay for your probate or guardianship case. Simply click on the county and price for a listing of all expected out-of-pocket costs in your county. If you are comparing fees from other firms, we encourage you to ask whether the quoted price includes filings fees and other out-of-pocket costs.

Affidavit of Heirship

In this type of proceeding, two disinterested witnesses sign an affidavit regarding the marital and family history of the decedent. That affidavit is then filed in the county’s real property records so that third parties can apply the state intestacy provisions which are based upon the decedent’s marital and family history.

• Collin County $600
• Dallas County $600
• Denton County $600
• Tarrant County $600

Small Estate Affidavit

In this type of proceeding, the heirs of the estate and two disinterested witnesses sign an affidavit regarding the marital and family history of the decedent. That affidavit is then filed with the probate or county court for approval by the court. The approved affidavit can be given to third parties to collect small amounts due to the heirs of the estate.

• Collin County $1,200 + Court costs
• Dallas County $1,200 + Court costs
• Denton County $1,400 + Court costs
• Tarrant County $1,200 + Court costs

Determination of Heirship

In this type of proceeding, the court, after the appointment of an attorney ad litem for unknown heirs and a formal hearing, will issue a Judgment Determining Heirship that can be used to transfer title to property. The court does not appoint an administrator to administer the estate.

• Collin County $2,900 + Court costs
• Dallas County $2,900 + Court costs
• Denton County $3,250 + Court costs
• Tarrant County $2,900 + Court costs

Uncontested Court Created Independent Administration

In this type of proceeding, the court, after the appointment of an attorney ad litem for unknown heirs and a formal hearing, will issue a Judgment Determining Heirship that can be used to transfer title to property. The court will also appoint an administrator to collect the assets of the estate and to administer the estate.

• Collin County $3,500 + Court costs
• Dallas County $3,500 + Court costs
• Denton County $4,000 + Court costs
• Tarrant County $3,500 + Court costs

Dependent Administration

There is no way to estimate how long or how difficult a Dependent Administration will be. Therefore, the only fair way to bill for this type of administration is to bill on an hourly basis. No fixed fees are available. Effective June 9, 2023, The Duran Firm’s hourly rate for attorney’s fees is $400 per hour. The Duran Firm's hourly rate for paralegal work is $150 per hour.