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
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Answered

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 L. Wincott and James Norman Willi agree with this answer

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 L. Wincott agrees with this answer

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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