Fort Worth, TX asked in Probate for Texas

Q: My cousin has $ 461.00 in Bank of America . She died in Indonesia..I am the executor and want to send this to Indonesia.

Her sister is the beneficiary in her will. Bank of America insists I go thru probate. The costs will exceed $ 461.00! What to do?

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1 Lawyer Answer
Nancy Hui
Nancy Hui
  • Probate Lawyer
  • Pearland, TX
  • Licensed in Texas

A: You said you are an executor so there has to be a will. Where this $461 goes will depend on what the will says. Not "you want to send this to Indonesia". The fact that she died im Indonesia also complicates the situation. there are other factors to consider if probate should be done in the U.S. or in Indonesia. Even if we assume that probate should be done in the U.s., you are correct that the cost of probate (even the simplified route such as small estate affidavit) still will cost more than $461 when adding legal fee together with filing fee. I would suggest that you check with BoA and see if by any chance there is a payable on death designation in her account. If you are lucky, she may have set up a P.O.D. Then you don't need probate to get access to the money.

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