QUESTION

WHAT IS THE PROCESS AND COST TO OBTAIN A SMALL ESTATE AFFIDAVIT?

Asked on Oct 24th, 2018 on Estate Planning - Texas
More details to this question:
MY PARENTS DIED ON THE SAME DAY (ORDER OF DEATH, MY FATHER THEN MY MOTHER). MY DAD HAD A LIFE INSURANCE POLICY AND LEFT MY MOTHER AND I AS PRIMARY BENEFICIARIES. THE LIFE COMPANY HAS DISBURSED FUNDS TO ME BUT IS HOLDING MY MOTHER'S PORTION UNTIL I CAN PROVIDE THEM WITH A SMALL ESTATE AFFIDAVIT. MY PARENTS LEFT MY SISTER AND I AS SUCCESSOR TRUSTEES OF THEIR TRUST AND WITHIN THE TRUST THEY INCLUDED THEIR WISHES IN A WILL. ALL DOCUMENTS ARE SIGNED BY MY PARENTS WHICH INCLUDE WITNESSES AND NOTARY. I WANT TO AVOID PROBATE BUT THE LIFE INSURANCE COMPANY WILL NOT ACCEPT THE TRUST OR THE WILL, EVEN THOUGH ALL DOCS ARE NOTARIZED.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
It sounds as though you need to take the Will to a local probate attorney and present it for probate.  A Small Estate Affidavit can only be used if there is no Will and if the person left no more than a home, personal possessions worth no more than $60,000 and other assets (such as bank accounts) worth no more than $75,000.  Some courts require that the heirs be the surviving spouse or minor children.
Answered on Oct 25th, 2018 at 5:06 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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