Legal Question in Wills and Trusts in Texas

Close checking account after death

My daughter-in-law is trying to close out the checking account of her deceased mother. There is a little over $900 in it. Her mother was the only signer. Daughter-in-law has a copy of the death certificate and her mom's will. The will has not been probated because it costs $1000 to probate the will. Daugher-in-law's mother had nothing else. There was no property. She lived on disability. When daughter-in-law called the bank to find out what was needed, they told her a copy of the death certificate and a copy of the will. When she got there, the bank said they had to have one of the following: Muniment of Title, Small Estate Affidavit, Letter of Testimony or Letter of Administration. I tried to research them. I believe Muniment of Title is for real estate. Small Estate Affidavit is for someone without a will or personal representative. Letter of Testimony is given by court for someone with no will. Not sure of the other one.

Son and daughter-in-law have absolutely no money. $900 is all the mother had. It was her disability check. Do you know if anything can be done to get the money without paying a zillion dollars in legal fees and court costs.


Asked on 11/10/06, 12:15 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Close checking account after death

You will have to use the Small Estate Affidavit. If you have researched it you should be able to complete and file it. If you have any questions, extend your research a little bit. Shouldn't take a zillion dollars in legal fees for this. Ask at the court house where to file the affidavit. I can't tell you because I would be giving legal advice to some one who is not a client and I don't know the whole story of your case.

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Answered on 11/10/06, 1:23 pm


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