Bloomington, IL asked in Probate for Texas

Q: My brother lived in texas and has passed away on August 24th. Who can file a small estate.

He did not have a will that I know of, but his heir( estranged son) has not done anything to take care of collectors or even inquire about them. The family has taken care of my brothers funeral, he didn't even ask about his dad. Want to know if I can file a small estate on behalf of our father. My brothers assets excluding homestead is more than his debts. We all live in Illinois exempt his estranged son. Need to know what to do about this thank u

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

A: An Affidavit of Small Estate must be signed by all the heirs and two witnesses who will not inherit. If your sibling will not sign (or if there is a Will), you may be stuck with an Application for Determination of Heirship and Issuance of Letters of Administration.

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