3 years, 3 months ago
My father passed recently without a will, but with more debt than the minimal estate. Do I need to probate?
I've had an affidavit of heirship drawn up by a friend of the family so that I can gain access to his accounts and sell the house. His entire net worth was so small, I didn't think it worth hiring a lawyer. I just want to pay off what I can and tell his creditors that the estate is insolvent.
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M$1 Answer
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What state do you live in? In some states, probate is mandatory, others don't require it.
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M$
Then no, Texas law does not require you to probate.
"But in many states, including Texas, the differences are minor. The state of Texas is not interested in tying up your assets. Indeed, probate isn't even mandatory in Texas."
http://www.willsandprobate.com/FAQ/probate.htm
We both lived in Texas.