Odessa, TX asked in Probate for Texas

Q: Small estate Affidavit use

My mother passed away last February, and I just had a small estate affidavit approved by Harris County probate #2. I have two brothers. Does the bank have a duty to disburse funds equally to the three of us, or does the bearer have the authority of the decedent?

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1 Lawyer Answer

Tammy Lyn Wincott

  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Are you referring to yourself as the bearer due to you filing the small estate affidavit or are you on the bank account?

Typically, the bank will disburse the funds according to the small estate affidavit which would mean equally to you and your brothers. This is different if there is another account holder named with your mother.

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