Legal Question in Wills and Trusts in Texas
my brother passed away with no will. he was never married and has no children. He had no property,only some money in a bank account. how do i go about preparing an affidavit of heir ship to close out his bank account?
3 Answers from Attorneys
If he had no children, and no spouse, then his estate would likely pass to his parents. They would probably need a small estate affidavit to clear title to the bank account. I'm assuming no house, and no estate debts.
The bank may have a form. If not, check the Texas Probate Code for the contents necessary for the form. An attorney may charge around $100 to prepare it for you.
Check with the bank before you do anything. Some will allow an affidavit of heirship and some will require a small estate affidavit. I have had one bank insist on a full administration, at considerable unnecessary expense. Talk to an attorney unless you thoroughly understand what you are doing.
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