Legal Question in Wills and Trusts in Texas

My husband passed away unexpectedly in January at the age of 41. I have contacted his employer about receiving his final paycheck and they are saying I need to provide a court document stating I am the executor of the estate, but there was no will and there is no estate. I don't want this check to go into probate, which I'm assuming it will. How can I prove I am the executor? I have already received his life insurance and they didn't require a court document stating I was the executor of a non-existent estate. I'm in Texas by the way.


Asked on 5/10/10, 11:25 am

1 Answer from Attorneys
Mitsy Barajas The Law Office of Mitsy Barajas

Life insurances pay out to the beneficiary without the need of probate (they only require a death certificate).

All other debts owed to the estate required that it be probated. You can probate your husband's estate by filling an Small Estate Affidavit. The filling fee is 75.00 in most counties, and it can be used in intestate (no will) estates of less than 50,000.

Probating is the only way to be appointed as the administrator of the estate.

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Answered on 5/24/10, 8:56 am


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