Legal Question in Wills and Trusts in Texas
Mom left no will or beneficiary
My wifes mother passed away without leaving a will or beneficiary on any of her accounts and as far as we know there wasnt any life ins. there is a certificate of deposit. do we have to get an attorney to handle this or can we designate an executor to handle these things and to close her accounts? there are two other siblings
2 Answers from Attorneys
Re: Mom left no will or beneficiary
There should be "pay on death" instructions at the bank for the CD and they will only require a copy of the death certificate. If not, they may only require an affidavit of heirship from the heirs at law and the bank can probably help you with that. If not, it is a very simple matter and you shouldn't need a probate. Please contact an attorney to help with this document, but make sure the bank will accept it.
Re: Mom left no will or beneficiary
Check with the bank first and see if there were any transfer instructions on the account (typically they will be "payable on death", "transafer on death" or "joint tenancy with right of survivorship") If it is one of those, then you can provide the bank with a death certificate and be done with it. If there is no such designation, then you may be able to file a small estate affidavit with the court. You should contact an attorney, as this is not an expensive process.
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