Asked in Probate for Texas

Q: My husband died be 4 yeas the 14th this month I don't have money to pay a lawyer to get will probated , can I do myself

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Texas probate may not be as costly as you imagine. If your husband left no will and less than $50,000 (an amount which the legislature may soon raise to $75,000), you can file an Affidavit of Small Estate yourself with a small filing fee. Since four years have passed, if your husband left a will, you can only probate that will as a Muniment of Title, passing title to real property and cars. That requires a lawyer but has a lower filing fee. If your income is below a certain level, you can file an Affidavit of Indigency asking the Court to waive the filing fee.

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