If I am a widow and my deceased husband had 2 sons but they will not sign a small estate affidavit, what can I do?

Asked on July 15, 2014 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss and for the issues that have arisen.  You may have to go through an actual probate of his estate and ask to be named as the executor/administrator and have them served with a Citation that the proceeding is going forward.  They have a right to object (and a time limitation to do so which the Citation will trigger) but then the matter will go before the court who can then appoint you to administer the estate.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.