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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40971
Experience:  Texas lawyer for 30 years in Estate law
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I simply want to know how to fill out Petition Estate

Customer Question

I simply want to know how to fill out Petition for Small Estate Affidavit so that my siblings and I can receive the proceeds of an account that was overlooked when my father passed away in 1981. My uncles were the executors and a Bank was the trustee. The bank is no longer in existance (IVB) and my uncles being well into their 80's and estranged from our families are not much help. My mother has also passed away; but my parents were divorced so she was not in my dad's will. I do have a copy of the Will and an original Death certificate. I have no idea how much money is in the account though it was hinted that it was less than 10,000. Oppenheimer will not give us any information as we are not named on the account. Thanks for any advice.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

If probate was opened and closed here you cannot use a Petition for Small Estate.

You will need to motion the probate court to reopen probate here and name you as new executor.The probate case once reopened and you get letters testamentary you can then access the funds and disburse them.

There is no way around reopening probate here because this asset passes through probate under terms of the will.The small estate affidavit here only works if no probate was filed, this was only asset, and no creditors.

I wish I could tell you otherwise here.But this is really an estate asset and it has to go through probate like all the prior assets here.

You are likely going to need a local probate lawyer to motion the court and get the order and you appointed as successor executor.Once you have your letters you can access the funds and distribute them.

Expert:  RayAnswers replied 1 year ago.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.Good luck here with all.

Expert:  RayAnswers replied 1 year ago.

You can probably use the lawyer that did the prior probate and this should not cost very much.Its a one trip short hearing deal.Thanks again.