Legal Question in Wills and Trusts in Texas

Re: Rights to bank accounts

I'm going to assume that the deceased had no will and that there are no remaining debts of the estate. Without a will, Texas intestacy laws govern the disposition of the estate. Typically, the surviving spouse and children would be the ones to inherit the property. In the absense of either, you would look to the parents, then the siblings. You would likely need a court order before a bank would release the funds to anyone, however.

Re: Rights to bank accounts

If the person dies without a will, you would need to go to probate court for a simple heirship proceeding. The court will issue an order that will give the bank authority to distribute the funds to the appropriate party. FYI, my fee for this type of proceeding - assuming no problems - is usually around $1,200 - $1,500 plus filing fees.

Re: Rights to bank accounts

If your name isn't on the account, then you have no right to the account until there's a judicial determination as to who may have access. That would either be probating the will of the deceased or, if no will, then an application to determine herirship.

Please see our website for the distribution of assets when there is no will.