Fort Worth, TX asked in Probate for Texas

Q: Does an affidavit of small estate have to be done through a lawyer or can i do that on my own?

Roughly how much is it through a lawyer, ballpark is understanding prices vary

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: While in many counties you can still do it on your own, it is probably worth your while to pay for an hour or so of a lawyer's time to get it done right. Depending on the county, 45-90+% are denied because they are completed incorrectly. If yours is, you will pay the filing fee twice plus pay the lawyer for the second attempt.

Tammy L. Wincott agrees with this answer

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I strongly encourage you to have this done through a lawyer. A lawyer in the appropriate jurisdiction will know the requirements (each court may require a slightly different procedure, form, etc.) It is very easy to mess one up and I don't think I've known anyone that has been successful without a lawyer - of course, if they were they wouldn't have come to me for help :-)

It is typically less than $1000 including filing fee; however, it can vary depending on the amount of debts/assets/heirs, etc. It's best to consult with a probate attorney about this.

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