Legal Question in Wills and Trusts in Texas

My son, aged 61, died Aug 25 this year. I found what he declared to be his "last will and testament".

It is a single sheet of paper with his signature dated Oct 14, 2002. He did not name me or any other

person as executor or administrator. I went to the Tarrant County Probate Court clerk's office and

from the little information I was able to get from them (really not much) I have surmised that my first step is to fill out and submit

a form called "Application for probate of will and issuance of letters testamentary". Later info leads

me to believe that's the wrong form. Is there a different form I should use to apply for probate?


Asked on 8/17/10, 4:07 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Probably correct advice...call me 972 839 4495 if u wish to discuss

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Answered on 8/23/10, 7:57 am
Cheryl Rivera Smith The Smith Law Firm

Be sure and check with Tarrant County that they will allow you to handle the probate. They may require that you hire a lawyer to represent you. Because there is no executor named, the applicant (you) would ask the court to appoint you executor.

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Answered on 8/23/10, 9:37 am


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