How do I probatean estate?

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How do I probatean estate?

My father died and he had no Will. I had durable POA for 5 years and took care of all of his business because he had dementia. He is divorced from my mother and I have 2 brothers that grew up in the family home. When he died we were told of these 2 other children. What do I need to do to go to probate his home and can I do that? Nobody wants to pay to go to probate so I am doing this alone.

Asked on February 12, 2011 under Estate Planning, Texas

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Have the children that you did not know of been acknowledged by your Father or are you sure that they are his children? Because unless they have been acknowledged or it can be proven that they are I might not consider allowing them to share in the estate.  But that i completely up to you.  Generally speaking, you would go down to Probate Court and file a Petition to be appointed as the Personal Representative of your Father's estate.  Depending on how much his estate is worth you may be able to file a small estate.  That takes less time and is less expensive.  In Texas, if your estate is worth under $50,000 (not including the homestead exemption) then you can qualify.


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