Legal Question in Wills and Trusts in Texas
Probating a Will on your own
My grandmother passed away and in her will everything went to my mother. There was a refund on her nursing home fees of $1850. The nursing home made the check to ''the estate'' of my grandmother. Now my nother cannot cash the check. It seems silly to have to pay an attorney to probate the will. Can we probate the will, and if so, are there any good books that will tell us how to do so?
1 Answer from Attorneys
Re: Probating a Will on your own
The path of least resistance is to ask the home to reissue the check. You can offer to give them an heirship affidavit, which describes family history, and a release.
If they don't bite, then there are summary proceedings available to you, if the decedent does not owe any debts. There is a muniment of title, which admits the will for the limited purpose of collecting funds, and transferring title to property. Additionally, there is a small estate affidavit that can be used to recover property of a partially intestate decedent. These are both less expensive than a full blown probate procedure.
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