If my husband died without leaving a Will and he had separate accounts, what form do I need to fill out to handle his affairs?

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If my husband died without leaving a Will and he had separate accounts, what form do I need to fill out to handle his affairs?

He had a bank checking account in his name paying a loan. I received a check to his estate. Our IRS refund came in both our names but can’t be deposited. The bank said in Texas there is a form I need to fill out and take to the probate court. I do not work. Can you tell me what this form is for the bank when there is no executor. Can I get this form on-line and fill out as I cannot afford a lawyer. The bank said I could do this myself.

Asked on October 21, 2011 under Estate Planning, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Essentially what the bank advised you is that if your husband passed away without a Will, you need to file a petition under your state's intestacy laws to administer his estate. When a person passes without a Will or a trust, each state has laws as to whom the assets of the deceased goes to under intestacy proceedings.

I suggest that you contact an attorney who practices Wills and trusts to assist you in your endeavor. Once you start the intestacy petition you will be named administrator of your husband's estate which you can get a court order allowing you to deal with his bank checking account and the Internal Revenue Service tax return.

Good luck.


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