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Probating Very Small Estate

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1unsure

Junior Member
What is the name of your state?What is the name of your state? Texas

I am named in my mother's will as Independent Executor since my father is deceased. I have two living sisters and one deceased brother. My deceased brother has one living son, my nephew who is my mother's grandson. Her estate value is probably no more than $6,000 the majority being cash in the bank. She owns no assets of any kind except a little furniture in her room at an assisted living facility. I have two questions:
1. Do I need to retain an attorney to probate her estate since it is so small in value and there are no complex matters associated with her will? Is there a way I can do the probate myself?
2. Her will states that if my father is deceased, which he is, in that event she gives and bequeaths her entire estate, real, personal and mixed, to her beloved children. There are three living children (myself and two sisters) and one deceased child, my brother. Is my deceased brother's son entitled to his father's share in my mother's estate?

Thank you.
 


1unsure

Junior Member
State is Texas.

The name on the bank checking and savings account is my mother's name only. I do not have signature authority on either account. I do have a statutory durable power of attorney.

Thanks.
 

BlondiePB

Senior Member
1unsure said:
State is Texas.

The name on the bank checking and savings account is my mother's name only. I do not have signature authority on either account. I do have a statutory durable power of attorney.

Thanks.
Check your state statutes for probating small estates and/or family administration. You need to open probate with an original death certificate, file/petition to be executor, and upon issuance of letters of testamentary/administration you will be able to close that account and then follow probate procedures for a small estate.
 

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