Category Archives: Comal County

Small Estate Affidavit for Texas Probate

I get asked a lot of Probate questions, particularly about whether or not someone needs a Texas Attorney to Probate a will. The short answer is “Yes”, but there is an exception to that. 

If the Estate in question falls under the “Small Estate“ parameters of the Texas Property Code, Chapter 205, then you don’t necessarily need an Attorney and may be eligible to file the Small Estate Affidavit.

Although Texas has a number of excellent legal forms which you can use yourself, Probate in Texas or any state  is a complex process.  Unless the Estate is very small, with no real property, and only one or two heirs who are in complete agreement, I would really suggest that you get an Attorney right away. This is a complex process and you want to be able to have the necessary advice, have someone to prepare your paperwork, and be able to really get you the Probate help you need, without missing any deadlines, or making any mis-steps.  

Legal advice is an estate expense. Why wouldn’t you hire a great Estate, Trust, and Probate Attorney, have peace of mind, and keep all of your hair?

A Little Christmas Perspective

As we are nearing for many of us, the dizzying days just before Christmas, I’m thinking of something my sister Emily told me recently, as I was lamenting what I felt were my shortcomings in coping with a big family situation which was multi-pronged and affected not only my mom, but my siblings. 

Emily said to me, “You’re only one person“.

It’s really true that you can’t do it all, without help, when the scale is so large, without really taxing yourself and possibly having regrets.

As there seem to be so many holiday things to do, please take a deep breath and remind yourself that “You are only one person“.  Either ask for help, or scale back to the things which are the most important, those that you love the most or that you do for others who can’t do for themselves.. . It’s never too late to make a simpler plan and a Merrier Christmas.