San Antonio, TX asked in Probate for Texas

Q: My brother passed in TX. No will, no spouse, adult children. Estate valued -$3k. How do I avoid probate?

I am nearest living relative. Family agrees I am executor.

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3 Lawyer Answers

Terry Lynn Garrett

PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Talk to a local probate lawyer about filing an Affidavit of Small Estate. No hearing is required.

Tammy Lyn Wincott

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

A: I'm sorry for your loss.

If there is no will then there won't be an executor. You say the estate is less than 3k; however, you don't advise what assets are in the estate.

I suggest contacting a probate attorney to discuss privately and they will be able to give you options.

Angelica Lucinda Farinacci

PREMIUM
Answered
  • Probate Lawyer
  • Dallas, TX
  • Licensed in Texas

A: I would definitely suggest speaking to a probate lawyer in your area. A Small Estate Affidavit may be a viable option if there are no debts. Another option may be an Affidavit of Heirship but that will strongly depend on what the company/institution that is holding the estate funds will accept. I hope this helps!

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