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  1. #1
    Join Date
    Dec 2011

    Default How to Start Probate in Texas

    My question involves estate proceedings in the state of: Texas

    My dad died nov 2010, with no will….. he owned a little 8 acre place with a house and outbuildings and no money. He had signed a deferment with the property tax collector, so there is no an accumulated tax of $3000.
    He also had originally 14 children, 11 living. One of the deceased left a son, that I assume would take his place in inheritance.
    At the time of the death, the next to youngest brother was reported to be in the process of starting the court paperwork on whatever dad owned. The two youngest brothers have probably split dad’s personal items (from chatting with the youngest) and left what they did not want.
    Neither of them wants the property. They have said that dad wanted them to have his “stuff”. Youngest brother said there are some maintenance issues with the house.
    As of now, nothing has been done. After waiting over a year, I did some research and then spoke to an attorney in dad’s county. He said that they are really busy but would begin the process with an advance payment of $6000.
    I contacted a local realtor who said that she went to the house but not inside. She would not give a value of any kind and suggested an appraisal.
    I called the probate court to get the forms to begin the process to be assigned as the administrator or executor (what ever they call it). She told me to get in touch with legal aid to get the forms, get them completed with all the heirs listed and then take them to court. She said it could all be done at one time. I called legal aid, waited on hold for 20 minutes and then got a recording that said it was closed. Maybe Monday.
    My question begins with: how can I possibly go through the process with no legal standing? I cannot afford to spend money on all this with no written authorization that would assure me of refund.
    My husband and I have experience in renovation of property. We could go over, polish the house for rental, set it up with a rental agent, and start sending out the forms for the siblings to execute (so the attorney said) and return them to court.
    The one form that I found, and affidavit of heir-ship, said that two people should execute it and turn in to court. It says that the persons need to not be family or can be family but not heirs.
    Some of the posts on this website speak of family members being the executors, so is that only allowed when there is a will?
    I just need to know where to go to find out what to do and in what order.
    Thanks in advance

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Start Probate in Texas

    How can you go through what process without legal standing? If you mean probate, you can petition to be appointed as executor and then can manage the state pursuant to that authority pending its distribution. I can't see the website you're talking about from where I'm seated, so if you have questions about what its content means you may want to direct them to the author.

    what is the approximate value of the estate?

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