San Antonio, TX asked in Probate and Estate Planning for Texas

Q: Father deceased no will I sold house,no wife or children just me how do I close bank account $1700 no debts

Father deceased July 2018 bank asking for court papers what do I need

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

A: Presumably title to the house was transferred to you by a Lady Bird Deed, Transfer on Death Deed or Affidavit of Heirship.

Contact a local probate lawyer about filing a Affidavit of Small Estate -- but first ask the bank whether they will accept an Order Approving an Affidavit of Small Estate. They may not. In that case, you can either pay more than you would receive to file an Affidavit to Determine Heirship or let the funds go to the Texas State Comptroller and attempt to prove heirship and recover them there.

Tammy L. Wincott agrees with this answer

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

A: Talk to a probate lawyer who may be able to help with the bank. Each bank has different requirements; however, the first thing they usually say to people is to get "Letters Testamentary" from the Court which you cannot do without a will. I've helped several people with this same situation, much depends on who the bank is.

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