If my husband just died and our home is in both of our names but he had 2 bank accounts in his name only, must I go through probate?

I am executor and sole beneficiary of his Will.

Asked on March 9, 2015 under Estate Planning, Texas

Answers:

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

Answered 5 years ago | Contributor

I am so sorry for your loss.  If the bank accounts are solely in his name then you will have to do something to be able to access the funds.  If the amount in total is $50,000 or less then you can use the Small estate procedures which will simplify everything.  It is a simple affidavit. There is a 30 day waiting period, however. Good luck.


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