San Antonio, TX asked in Estate Planning for Texas

Q: If my sister died and her children want me over her estate what do I need to file?

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3 Lawyer Answers

Terry Lynn Garrett

PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: From your question, it appears that your sister died without a Will. If she left no more than a homestead, exempt personal property and $50,000 (to rise to $75,000 September 1, 2017), her heirs can file an Affidavit of Small Estate. You can find one on the website of the Travis County Probate Court.

If not, you must hire a local probate attorney to probate ("prove") what she owned, what she owed and who her heirs are, filing an Application for an Heirship Proceeding and Issuance of Letters of Administration. It sounds as though your sister's children want you to be the administrator, otherwise known as the personal representative.

Tammy Lyn Wincott and James Norman Willi agree with this answer

James Norman Willi

Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: The answer would depend on whether your sister left a will, as well as the value of her estate. I highly recommend that you contact a probate attorney in your area.

Tammy Lyn Wincott agrees with this answer

Tammy Lyn Wincott

Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I suggest you contact a probate attorney in the area where her estate is located. Most will provide a free initial consultation. Best wishes and my condolences on your sister's passing.

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