Legal Question in Wills and Trusts in Texas

My grandmother passed away last month, and we are trying to access her remaining funds (namely Chase brokerage acc't) to use for burial expenses. My mom went to the court house this week to get letter testamentary and was told that since my uncle and her are co-independent conservators that we need an attorney. There is very little in the acc't (under 2K) which will pretty much cover burial expenses, neither of the conservators are getting any money personally from the estate. Is there a way to avoid probate of the will since it is such a small amount of money? If there is not, can my uncle relinquish his right to co-conservatorship, and bypass the mandatory attorney requirement?

Much Thanks!

(I am in Dallas county)


Asked on 5/26/10, 12:45 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

In an estate this small, you don't even NEED to probate. See if the bank will accept an affidavit of heirship and it can make the check payable to the heirs at law.

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Answered on 5/27/10, 5:25 am


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