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originallawyer
originallawyer, Attorney
Category: Estate Law
Satisfied Customers: 879
Experience:  9+ years of experience in writing wills and probating estates in a variety of ways.
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My mother was ran over by some one in a van in el paso texas

Customer Question

my mother was ran over by some one in a van in el paso texas she had no spouse and no will there are no other children do i become executor of her estate
JA: Has anything been filed or reported?
Customer: i am waiting for a police report i claimed her remains and have a death certificate
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: el paso texas three weeks a go
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Estate Law
Expert:  originallawyer replied 2 months ago.

Thanks for your question! I am working on your answer. Please stand by!

Expert:  originallawyer replied 2 months ago.

I am so sorry to hear about your loss.

You may be able to file a Small Estate Affidavit. This link has more about it https://texaslawhelp.org/article/transferring-property-after-death-and-avoiding-probate-court. If your mother's estate was small enough ($50,000 or less, not counting the value of her homestead), then you may just need to appear in court once to get letters of administration.

This is also a helpful resource: http://www.tyla.org/tyla/assets/File/TxProbatePassport_2015.pdf

In most cases, you will need to appear in court at least once after you file your probate proceeding.

This is the link for the forms El Paso County uses: http://www.epcounty.com/clerk/probate_civil.htm

Customer: replied 2 months ago.
She has nothing like property or anything material I want . But my insurance company told me become executor to claim insurance payment from women who hit to cover funeral
Expert:  originallawyer replied 2 months ago.

A small estate affidavit with letters of administration would be sufficient for that so long as the payment isn't going to be more than $50,000.