can i myself file in tx probate court code 49 (determination of heirship) without a lawyer

These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

You could try, but it can be technically difficult. Also, if there are problems with title to real estate owned by your father, you could make things worse for the heirs. If there is anyone who wishes to dispute yur petiton, you will need legal help. You are better off contacting an attorney before you try to do this.

The following posting is for educational purposes only and does not create an attorney-client relationship between us.

A Small Estate Affidavit can be an appropriate method to probate the estate of one who dies intestate (without a will). This proceeding, however, is not under Probate Code Section 49.

Generally speaking, there are several requirements: (i) the value of all probate assets (other than the homestead) cannot exceed $50,000, (ii) the decedent didn't own real estate other than his or her homestead, (iii) and the estate had more assets than liabilities. These are some of the largest issues that have to be addressed before you can pursue a Small Estate Affidavit.

I would advise that you seek the advice of a qualified attorney to help you determine which type of administration would be appropriate for you.

Best of luck,

Randall S. Perrier