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Is attorney needed for small NM estate-father passed away in TX

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M

MRZRIZZ

Guest
undefinedWhat is the name of your state? NM/TX
Need to know if I can file for probate w/o attorney or if probate is necessary in both TX and NM. My father passed away in TX in 02/2002, he had been living there for a couple years, but owned a house(vacant) in NM. His vehicle registration and Drivers License were kept in NM. My mother preceded him in death in 09/1995. We are trying to sell his house in NM - we have a buyer willing to pay $70,000 (much less than what it is worth) and were told by NM probate judge that we would have to file probate in TX first, then in NM. There is still a mortgage on this house and there will not be much left after this is paid off.
I am the executrix of my father's will. My 3 sisters and I are heirs of the property left by my father, we are in total agreement with anything having to do with my father's estate/will. His will states that we are to divide any monies between the 4 of us if we sell the house.(which is what we want to do).
We read something about "small estates" and shortcuts through probate or a way around it completely. Do you have any information regarding this?
Also, if we do have to file for probate in TX, does it have to be filed in the County that he passed away in? (El Paso would be much closer)
Any information you can provide will be greatly appreciated.
 


Dandy Don

Senior Member
You may not need to hire an attorney to be executor for this probate, but it might be advisable to consult one if you have any questions or problems with the probate process. This will probably be simple enough for you to do yourself.

The location where the death occurred is the primary factor regarding where the estate is probated, so you will need to file for probate first in Texas because that is where he died, and you will receive documentation authorizing you as official executor with authority to handle any and all matters. First you will need to see if they have a form for simple estates and find out what the minimum amount of estate value must be before probate is required.

If you will mention what cities in Texas and New Mexico are applicable, I can look up the address and phone number for the county courthouse probate courts in each area that you will need to contact.

Probate is needed where the house is located so that an official record of the transaction can be done and an official split of the profit among the heirs.

DANDY DON IN OKLAHOMA ([email protected])
 
M

MRZRIZZ

Guest
Reply to Dandy Don

Thank you for the response Don. I've got the NM court information covered, but I'd appreciate information for TX. The town is Andrews. Thanks!
 

Dandy Don

Senior Member
You can call the general number at (432) 524-1426 for more information about how to contact the probate court or county clerk for probate information at ANDREWS COUNTY, P. O. BOX 727, ANDREWS, TX 79714.
 

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