Do i need to get will probated if the estate is very small?

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Do i need to get will probated if the estate is very small?

My mom just passed. She had very little outside of her pensions as she was sick a long time and also disabled from a massive stroke. She required full-time caregiving for 9 years. The only thing left is a debt on her credit card for taxes of under $4000 from the home she use to own. Her only tangible asset was a 25% ownership in some land in another state. The property is still in my dad’s name as it is his family that owns the land. She never had it transferred but my brother and I are her heirs. My dad left everything to her when he passed over 10 years ago but I have been unable to locate his Will. Does her Will need to be probated and do I have to pay for an attorney? My husband and I have

already had to pay care givers at the end of her life, and her funeral expenses. My mom has resided in Texas her entire life.

Asked on March 5, 2018 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss and for ths situation as it was.  Texas, as other states so, allows for probate of small estates with a simpler process: a small estate affidavit.  However, the issue here is the real property.  Using the Small Estate Affidavit requires that the only real property transferred is the homestead property, and that is not the case here, correct?  You may need to fil a Probate Petition to be appointed for the purposes of transferring title to that other property.  I would, though, speak with a probate lawyer in your area as to the specifics.  Good luck.


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