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castnat1975

do i have to probate a small estate in texas

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my mother is the executor of my grandmothers estate and she is unsure if she has to go to probate court in order to receive her half of some money that is in an investment account that my grandmother had. she sent the death certificate, copies of the will and a general affidavit to the investment company and they are saying that is not good enough.  what should she do?

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Can you clarify what you mean by "executor of my grandmothers estate?"  Someone only becomes executor by being appointed by the court.

 

I assume that your mother was not a joint owner or Transfer on Death beneficiary on this investment account, right?

 

What is the total value of grandmother's assets?

 

Are there debts that need to be paid?

 

Did grandmother have a will?

 

Since you mention your mother's "half," I assume that there is at least one other person inheriting?  Is that correct?

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my mother is the executor of my grandmothers estate and she is unsure if she has to go to probate court in order to receive her half of some money that is in an investment account that my grandmother had.

 

First of all, if she hasn't been to court, then she isn't the executor.  One can only become executor by being appointed to serve in that capacity by a court.  I'll assume that what you really meant is that, in her will, your grandmother nominated your mother to serve as executor, but please say so if that's not correct.

 

Second, most investment accounts have designated pay-on-death beneficiaries.  If that is the case, then the money in the account belongs to the designated beneficiary (or beneficiaries) and isn't part of your grandmother's "estate."  Does the account in question have one or more designated beneficiaries?

 

 

 

she sent the death certificate, copies of the will and a general affidavit to the investment company and they are saying that is not good enough.  what should she do?

 

I've never heard of any (legitimate) investment company responding in a situation like this with a simple, "that is not good enough."  What exactly was the response?  Was the response delivered by phone?  By letter or some other form of written communication?  I strongly suspect that the person who communicated this to your mother explained why "that is not good enough," and, if you want us to suggest "what [she] should . . . do," we need to know the reason(s).

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