MY FATHER PASSED AWAY, I AND MY SISTER received a letter in the mail regarding my father's insurance with MetLife saying that we need to have a probate / fill out a small claims affidavit is it necessary if we do have a will.
People lose Wills. People interpret or remember them differently. A Will must be admitted to probate. Fortunately, in Texas, we have independent administration. If your father's Will provided for an executor to act independently without bond and is properly signed and witnessed with a properly signed, witnessed and notarized self-proving affidavit, your only interaction with the court may be to submit the Will for probate, receive Letters Testamentary giving you authority over your father's property and submit an inventory of his possessions. (If there are disputes with creditors or beneficiaries, there will be more.)
In Texas an Affidavit of Small Estate cannot be used if there is a Will: you must submit the Will to probate.
Contact a local probate attorney. You may find that Texas probate is less expensive, time consuming and burdensome than most people imagine.
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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