Asked in Estate Planning and Probate for Texas

Q: My husband passed away in August 2017. I have been asked to file an Affidavit of Heirship form. Should I do this?

We were married for 35 years. This is for a bank account that was in his name only. We have four adult children together and no children with anyone else. I was also told I need one to switch the title of our car which is in both of our names. I do have a will which states everything is to go to me, but I do not have much money and we do not have much property so I do not know if I should have the will probated or if I should do the Affidavit of Heirship or if I should do a Small Estate Affidavit. Any help would be appreciated.

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1 Lawyer Answer
Robert W. Leonard Jr.
Robert W. Leonard Jr.
  • Estate Planning Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: Contact a local probate attorney who can help you decide what to do. Take the Will with you when you meet with the attorney. Also take a list of all of the assets in the estate. This will be a list of everything the deceased owned at the moment of death. This includes the community property, which is property acquired during the marriage. The attorney can look everything over and tell you the most cost-effective way to proceed.

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