If my mother passed away just without a Will, once we get the letters testamentary can we probate her estate?
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If my mother passed away just without a Will, once we get the letters testamentary can we probate her estate?
There was no Will found. My brothers and sisters had a family meeting about who will be listed as a personal representative on behalf of my mother. She had assets such as vehicles, properties, and a bank account that is now frozen. I was told that in order to get access to anything we have to have a letter of testamentary now once we have that letter do we still need a lawyer to have access to the titles, the property, and vehicle or is the letter of testamentary all we need.
Asked on January 26, 2016 under Estate Planning, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It may or may not be sufficient. The need to probate depends on the value of the estate. If this is a relatively small estate, then this should be your last step. If this is a larger estate, then you will need to probate the estate. Before you take any final actions, at least arrange a consult with a probate attorney to make sure that your letters are in or order and that you don't need a probate. At this point, you just need a consult to make sure that you are on the right track. When you meet with an attorney, make sure that you take with you a good estimate of the value of the estate so that they can properly advise you on this issue.
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