If my mother recently died without a Will and the bank requires a letter of testamentary for the release of money in her checking account, what can I do for the least cost?

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If my mother recently died without a Will and the bank requires a letter of testamentary for the release of money in her checking account, what can I do for the least cost?

Asked on February 1, 2016 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Affidavits of heirship are the cheapest and easiest ways to deal with small estates.  Some sites offer forms for these affidavits, but it still doesn't hurt to have a regular probate attorney look over your paperwork to make sure that it's don't correctly. 
If your mom has a larger estate, then you will need to do a small estate probate.  Probate can be expensive... but it can still me accomplished for a relatively small expense if the heirs can agree on what should happen.  The more the heirs squabble, the more they will eat into any available assets of the estate.  So... a really key component of any estate resolution is simply to get the heirs working on towards the same goal. 


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