Fort Worth, TX asked in Probate for Texas

Q: How do I get the money out of my father's Wells Fargo bank account? My father died on August 2, 2020 without a will.

I am his only child and he was not married. Wells Fargo told me I have to go through the Probate Court to get the money because it is more than $1,500. How do I do that?

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

A: Depending on what your father left, you may be able to file a Small Estate Affidavit or may need a hearing on an Application for Determination of Heirship. Talk with a local probate attorney to find out which would work best in your situation.

Ross F. Tew agrees with this answer

Ross F. Tew
Ross F. Tew
Answered
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: A Small Estate Affidavit may allow you to collect the account if the total assets in the estate (other than the homestead and exempt property) do not exceed $75,000, and the assets exceed the debts owed by the estate. If the non-exempt, non-homestead assets exceed $75,000 then you'll need a determination of heirship. If you need a determination of heirship and there are unsecured debts owed, then the court will likely appoint you or another qualified individual as the administrator of the estate. I agree with Ms. Garrett that you need to sit down with a probate attorney and weigh you options.

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