Do I have to surrender my father's car if the will isn't probated?

Full question:

My father died and in his will he assigned my brother as his executor, but he has not probated the will nor has he been assign as an executor to the estate, by father loan me his car because my broke down driving him back an forth to houston for his chemo treatments. I live in Pleasanton Texas and he loan me the car. I took car of him since the other sibling did not want to take care of him. He died in August and since then I have gone back to work, but I have not been able to save up the money for a down payment for a vehicle and the money he left me and my brother (who we happen to be from a different marriage) are having a hard time trying to withdrawal the dividends because he us our Spanish names instead of our brith certificate names. Since he has not probated the will and the court has not assign him as executor yet do I have to surrender the car. I do not want the car because it only sit 4 people, and with kids and everything I need a bigger vehicle. This vehicle provides my transportion to taking my children to school and going to the store and running to doctor appointment, since i do have a child that has ADD/HDA. i need help!!

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Texas

Answer:

The ownership of the car and any payments due should be resolved during the probate process. If there is a joint owner on the title, that person may claim the car after the other owner's death. In Texas, if the total value of the estate's assets (excluding homestead and exempt property) is under fifty thousand dollars, a small estate can be managed using a small estate affidavit. This affidavit must be filed with the court in the county where the deceased lived and includes information about the estate's assets, liabilities, and the heirs' rights to inherit. For more information on the small estate affidavit, users can search for state-specific legal templates at .