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How do I get an affidavit of small estate to access funds left my my late mother?

How do I get an affidavit of small estate to access funds left my my late mother?

Q: How do I know if my mother left a will?

To determine if your mother left a will, check her personal documents or safe deposit box. You can also contact her attorney or the probate court in her area. If a will exists, it will typically be filed with the court after her death. If you cannot find a will, Texas intestacy laws will apply to the distribution of her assets.

Full question:

My mother passed away in June of 2006. Her will left all of her belongs to my sister and me. My sister passed away in December of 2006. I have learned my mother had about $1200 in her bank account when she passed. I live in Arizona. My mother lived in Texas. There is a branch of her bank in my town. I have spoken with them and they have told me I need an affidavit of small estate to access the funds. Can you provide any information on how to go about getting the documents I need or should I consult an attorney?

Category: Wills and Estates
Subcategory: Small Estates Affidavit Law
Date: 04/07/2025
State: Arizona

Answer:

Please see the information and form at the following links:

http://lawdigest.uslegalforms.com/wills-and-estates/index.php?dID=379

http://www.uslegalforms.com/az/AZ-ET10.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who gets what when a parent dies?

When a parent dies, the distribution of their assets depends on whether they left a will. If there is a will, the assets are distributed according to the terms outlined in it. If there is no will, state intestacy laws apply. In Texas, the estate typically goes to the surviving spouse and children. If there are no surviving relatives, assets may go to more distant relatives. It's advisable to consult an attorney to understand your specific situation.

When you miss your mom after death?

Missing a parent after their death is a natural part of the grieving process. It can be helpful to talk about your feelings with friends or family, or to seek support from a counselor or support group. Engaging in activities that remind you of your mother, such as visiting her favorite places or continuing family traditions, can also provide comfort.

What happens to my house if my mom dies?

If your mother owned a house and passed away, what happens to the property depends on whether she had a will. If she left a will, the house would be distributed according to her wishes. If there is no will, Texas intestacy laws will determine the distribution, typically passing to her children or spouse. It's wise to consult an attorney for guidance on how to proceed.

Who is responsible for funeral costs when a parent dies?

Typically, the estate of the deceased is responsible for funeral costs. If there are insufficient funds in the estate, family members may need to cover the expenses. In Texas, if a will specifies who should pay for the funeral, that direction should be followed. It's important to discuss financial responsibilities with family members early on.

How do I know if my mother left a will?

What are you entitled to when a parent dies?

What you are entitled to when a parent dies depends on whether they had a will. If there is a will, you receive what is specified in it. If there is no will, Texas intestacy laws dictate that children usually inherit the estate. This may include property, bank accounts, and personal belongings. Consulting an attorney can help clarify your rights.