Legal Question in Wills and Trusts in Texas

Dad has no will, I am only heir.
My father lived and died in Texas. He has no will. I am the only heir. He never remarried after my mother died. He has money in a bank account($1800). I was told by the bank that I needed to have a affidavit of heirship. Do I need one for Texas or for Oregon, which is where I live? If Oregon, after it is norterized, do I file it with Oregon or Texas courts?

Asked on 8/30/03, 7:50 pm

3 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

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Re: Dad has no will, I am only heir.

The affidavit of heirship needs to be prepared according to Texas statute. I charge $100 for this service and the filing fee should be under $20. It needs to be filed in the county of your father's residence at the time of his death.

Answered on 8/31/03, 10:41 am

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Re: Dad has no will, I am only heir.

I think this should be done in Texas, though I don't know why the bank wanted an heirship affidavit. Most banks that I have dealt with need a court order. Seeing that this is a small estate, you can get a small estate affidavit, which can be prepared in Texas, signed and notarized in OR and then filed with the Texas probate court. A judge then approves and signs it. Once signed, you present it to the bank and the bank can deliver funds per the court order.

Answered on 8/31/03, 7:34 pm

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