If my brother just passed and my mom is the executor of his Will, what do we do now?

Do we file the will with the courthouse? Do we probate it? Do we need the death

certificate?

Asked on September 6, 2016 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You may or may not need to probate your brother's will.  Texas allows small estates to be administered through what are called 'affidavits of heirship.'  Basically, all of the potential heirs sign documents agreeing as to what should happen.  However, larger estates are and should be probated.  To determine whether or not your brother's estate is subject to probate, make a list of all of your brother's assets and gather any potential documentation of the same.  Then take the list and documents to a probate attorney and they can advise you of the specific need (or absence of need) for a probate. 


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