Legal Question in Wills and Trusts in Texas
death without will
what document would I need to use if my father died without a living will, leaving estate and bank accounts in two different states, and me and a adopteded brother living as heirs; and for me to be apointed as execu.
2 Answers from Attorneys
Re: death without will
Most likely, you would make an application to be the administrator of the estate. Depending on whether or not there are debts, you may apply to be an independent administrator or a dependent administrator.You will likely need a motion to determine heirship as well. If the estate is small, then you may be able to an alternate procedure.
Re: death without will
You'd need a determination of heirship for the probate court to officially determine who your father's heirs are. Depending upon the nature of the estate, you may need administration. You'd also want to find out what the various entities in other states require before they'd part with what they're holding in your father's name. If none require letters, and there are no debts of your father's estate, then you may be able to have the determination strictly to determine title without administration.
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