How doI go about getting the document for the administrative probate if there is no Will?

My mother in-law had purchased a vehicle and her brother co-signed for her. The vehicle was in an accident and was totalled. The brother had passed 5 years ago and his Will he had was not found so everything was left to his wife. We were told that we need administrative probate or an intestate document to receive the check for the car. How do I go about getting this document?

Asked on November 10, 2011 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I believe what you are asking is how to determine if there was an intestacy proceeding involving the estate of a person who dies without a Will or a trust. The way to go about it is to go down to the county court house in the county where the person who last lived and do a computer research to see if there was an intestacy filing as to that person's estate.

If one pops up, then you ask the court clerk to see the file and get certified copies of the document or documents that you need and want. The key to your question is in whose name was the insurance for the vehicle and who was the registered owner? You may wish to consult with a Wills and trust attorney as well. Good luck.

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