Types of Probate in Texas

The bank won’t let you access your deceased loved one’s bank account unless you have “Letters Testamentary”. Your cousin said he doesn’t think that’s right because he transferred title to his mother’s car with an “Affidavit of Heirship”. Your friend said that when her mother passed they had to “probate” the Will, but it was really easy and she didn’t even have to go to court. What are “Letters Testamentary” and why does the bank say you need them?  How do you get “Letters Testamentary”? Do you have to probate the Will? What is an “Affidavit of Heirship” and why can’t you do one of those instead? Continue reading

The Probate Process

Probate is the legal process of settling the estate of a deceased person and transferring assets to the proper heirs.  It generally involves petitioning the Court to appoint a personal representative, called an “Executor” or an “Administrator”.  Once appointed, this person becomes responsible for managing the estate. Continue reading