Legal Question in Wills and Trusts in Texas

My Aunt died a few months ago. She had a one page will (titled unmarried individual with 2 or more beneficiaries) signed and notarized from 1985. The other 2 people listed as beneficiaries are both deceased. I am listed as the 3rd beneficiary. I have all 3 death certificates. My Aunt had a bank account, joint with her sister, who is also deceased. I am unable to close the account without a Letter of Testamentary. What exactly is this and how do I get one?? The account only has about $200.00 in it, and so far the bank is still taking out monthly maintenance fees. Do I need to file this in Probate court? Is there a fee? Is this something I can do myself?


Asked on 8/14/09, 1:53 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Yes there will be a filing fee. Call the county courthouse of the county where your aunt lived and ask them how much the filing fee is.

My first thought is that it will cost more to probate the will than there is money in the bank. You don't have to probate the will unless there is real etate involved. If all there is in the estate is the $200 in the bank, you may just want to let it go. If not, I suggest contacting your county bar association or legal aid office.

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Answered on 8/15/09, 5:29 pm


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