how do i become a deseased parent representitive with in the court system that left a will but has no real property, and can i do this without an lawy

UPDATED: May 23, 2009

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how do i become a deseased parent representitive with in the court system that left a will but has no real property, and can i do this without an lawy

my mom died last year sept. she did a will which was noterized she left me as her beneficiary on her insurance however, she had been taking care of my mentally challenged brother which is 42 yrs old. she wanted me to continure to take care of him. other paper work concerning taxes, gaurdianship of him has occured to delete some of the problems that i have been having i need to be legally on file concerning her will can i do this without an attorney? don’t have very much money. thanks

Asked on May 23, 2009 under Estate Planning, Texas


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

Answered 13 years ago | Contributor

You need to go down to the Courts in the county in which you live and find the Statutory Probate Court.  The Clerks in the Probate Courts are usually very helpful with the paperwork needed to help probate a Will.  They usually have the paperwork necessary right there.  You may also be able to download it on-line.   There is usually a fee that is based upon the monetary size of the estate. 

Sometimes things can get complicated if there is someone left out of the Will that needs to be notified or if someone does not inherit who thinks they should be getting something, etc.  You may then need a lawyer.  The specifics are important and the clerks should ask the right questions to give you a good idea if you can go it alone or seek legal help.  Good luck.

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