Legal Question in Wills and Trusts in Texas

Your best bet is to call a lawyer who handles probate mattes in the county in which your dad's property is.

I'm sorry to hear about your dad. To answer your question, you'll need to first determine whether or not your dad's estate qualifies for a small estate:

1. Dad died without a will

2. Dad's estate is solvent

3. Dad's personal property is less than $50k

As for what to do, you'll need to assemble the following:

1. Death certificate

2. Two witnesses who knew your dad

3. List of Dad's assets and liabilities.

4. List of all of Dad's heirs, with address (they'll need to sign, too.)

As for the procedure:

1. Your lawyer will prepare the affidavit based on the information you provided.

2. Your lawyer will file it with the appropriate probate court and pay the filing fee (about $300).

3. Once the court rules on it, it will issue a certificate and order. Your lawyer will forward that order to the appropriate account holders, who can release funds pursuant to the order.

Feel free to call or email if you want more information.

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