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MY DAUGHTER`S MOTHER PASSED AWAY WITHOUT A WILL. MY DAUGHTER HAD BEEN HANDLING HER AFFAIRS, PAYINGHER BILLS FROM HER BANK CHECKING ACCOUNT, ETC. THE BANK IS SAYING SHE HAS TO HAVE AN ATTORNEY AND FILE A LETTER OF TESTAMENTARY IN ORDER TO CLOSE THE ACCOUNT. MY QUESTION IS, CAN SHE OBTAIN A LETTER OF TESTAMENTARY, AND HAVE IT NOTARIZED TO AVOID THE EXPENSE OF HIRING A LAWYER.

Submitted: 234 days and 9 hours ago.

Category: Estate Law

Value: $15

Status: AWAITING CUSTOMER ACTION

HOUSTON, United States

Already Tried:
WHERE CAN I OBTAIN THE PROPER FORM - LETTER OF TESTAMENTARY ?

Posted by lwpat 234 days and 8 hours ago.

Answer

She can probably do a small estate proceeding

http://www.texasprobate.com/forms/

A small estate affidavit is an affidavit signed by each heir and two witnesses not in the direct line of descent. The affidavit may pass title to probate property of up to $100,000.00 in value, not including the value of the homestead in the value limitation. Do not confuse this document with an
Page 2
heirship affidavit. The small estate affidavit is filed with a Probate Court and the Court enters an Order Approving the Affidavit

Here is an explanation of the Texas probate procedure

http://74.125.47.132/search?q=cache:_Q9eU_oY9ysJ:www.texaswillplanner.com/Probate-FAQs.pdf+Texas+probate+affidavit&cd=4&hl=en&ct=clnk&gl=us

If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!

234 days and 7 hours ago.

Reply

I WAS ALREADY AWARE WE COULD DO A SMALL ESTATE PROCEEDING, BUT WAS HOPING TO AVOID SAME WITH THE LETTER OF TESTAMENTARY.

Answer

It works the other way around. You use the small estate affidavit to avoid having to go to all the trouble of a full probate proceeding where you are issued a letter of appointment.

If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!

Accepts:
Expert:	lwpat
Pos. Feedback:	98.7 %
Answered:	4/1/2009

Attorney

Practicing attorney with extensive experience in wills, estates and trusts

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HOUSTON, United States Already Tried: WHERE CAN I OBTAIN THE PROPER FORM - LETTER OF TESTAMENTARY ?

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Reply

I WAS ALREADY AWARE WE COULD DO A SMALL ESTATE PROCEEDING, BUT WAS HOPING TO AVOID SAME WITH THE LETTER OF TESTAMENTARY.

Answer

It works the other way around. You use the small estate affidavit to avoid having to go to all the trouble of a full probate proceeding where you are issued a letter of appointment. If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!

Related Estate Law Questions

HOUSTON, United States

Already Tried:
WHERE CAN I OBTAIN THE PROPER FORM - LETTER OF TESTAMENTARY ?

It works the other way around. You use the small estate affidavit to avoid having to go to all the trouble of a full probate proceeding where you are issued a letter of appointment.

If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!