Midland, TX asked in Probate for Texas

Q: Funeral expenses/small estate affidavit

My mother passed away this year. I have two adult brothers. I paid all of the funeral expenses. Can I pay myself out of the estate proceeds using a small estate affidavit. If so, do I simply list it as a liability to myself on the SEA form? Not thinking I can, just hoping.

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

A: All the heirs and witnesses signing an Affidavit of Small Estate promise to pay all expenses of the estate. These include the costs of the final illness, funeral expenses, the cost of administering the estate and other debts of the decedent. You may do well to list them -- and who should be paid -- on the Affidavit of Small Estate for the benefit of the Court, the heirs and the witnesses.

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