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.
A: Talk to a local probate lawyer about filing an Affidavit of Small Estate. No hearing is required.
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.
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.