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Anyone know how to prove executor of estate..without going to court? |
My mother has been asked to provide proof to several companies that she is the executor of my fathers estate, she was his only wife and they were married for 36 years. She cannot afford to go through the court system in Texas and I am wanting to know if it is possible to get proof in any other way. Any information will be helpful. I literally meant she cannot afford the court costs in Texas, she has not recieved any of the life insurance as of yet and is living off a very small income, for a short time, the problem is with her refinance company they claim her name is not on any of the paperwork, even though she has sent them copies of all papers both she and my father signed with them and her name was on all of them, they are telling her she must provide proof that she is the executor of the estate. An executor is appointed in the will. Where your father did not leave a will (intestate) there is no executor. Rather an administrator is appointed by the Probate court. This will have to be done regardless of the company's requests. Clearly your Mother will be appointed administrator if this is her request, otherwise another administrator will be appointed by the court .. this is a step in the process she must complete in order to settle the estate. if your dad had a will take it to the county court system for wills. If he did not your mom should take her marriage license to prove she is married to him and is next of kin. Either way contact the Register of Wills in the county in which she lives and they should be able to advise her. She is too afraid of the "cost" of Probate. What the companies are looking for is a "Certificate of Appointment", and the only way to get that is from the Probate Court. You do not need a lawyer to do this. Tell her to simply explain her problem to any experienced Probate Court Clerk, and she will be told what steps she has to take. Hope this helps. Have a nice day. The executor's proof is called "Letters Testamentary" or "Letters of Appointment" - she will need to probate his will, and obtain these from the court - it is best that she obtains several copies of the 'Letters' as she will be using them from the time she gets them until the time she wraps up his business. If he died without a will and has any property or any assets, you will need to contact a lawyer to find out what her rights are in your state, how to protect herself and the assets to which she is entitled. Good luck - |
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