Detailed Answer
Overview of the Probate Process in Texas
When a co-heir objects or refuses to cooperate, a court-supervised probate is your primary tool to secure or freeze a decedent’s bank accounts. You must open an estate administration proceeding in the Texas probate court in the county where the decedent lived. The court issues legal authority—known as Letters Testamentary or Letters of Administration—to the personal representative. Banks rely on those letters or a court order to freeze or release funds.
Key Documents Required
- Certified Death Certificate: Obtain multiple certified copies from the county vital records office.
- Original Last Will and Testament (if any): File with your probate petition to admit it to probate under Texas Estates Code Chapter 256 (Tex. Est. Code §256.001–.051).
- Application for Probate or for Letters of Administration: File a petition in the probate court requesting admission of the will and issuance of Letters Testamentary, or, if there is no will, request Letters of Administration under the same chapter.
- Letters Testamentary or Letters of Administration: Once appointed, the court issues these official documents. Present certified copies to each bank holding the decedent’s accounts.
- Court Order to Freeze Assets: If necessary, file a motion for a temporary restraining order or injunction under Texas Rule of Civil Procedure 680 to stop any co-heir or bank from disbursing funds without court approval.
Small Estate Affidavit Option
If the total value of the estate (excluding homestead and exempt property) does not exceed $75,000, you may avoid formal probate by using a Small Estate Affidavit under Tex. Est. Code §205.002. Submit the affidavit, certified death certificate, and proof of property value to the bank. The bank can then freeze or transfer limited funds without letters from the court.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Texas to discuss your specific situation.
Helpful Hints
- Identify all bank accounts early: list account numbers and balances.
- Get multiple certified death certificates; banks often require their own copy.
- File probate in the county of the decedent’s last residence to avoid delays.
- Act promptly to prevent co-heirs from withdrawing funds before your hearing.
- Consider filing a temporary injunction if assets are at risk of dissipation.
- Keep detailed records of all filings and communications with the bank.