My mother recently died and Dad is struggling with her estate. She had two mutual funds and a safe deposit box in her name.

Asked almost 5 years ago - Kerrville, TX

He doesn't know what to do and needs some help.

I believe he needs to be the personal representative of the estate and an affidavit of heirship for the safe deposit.

Attorney answers (2)

  1. James P. Frederick

    Contributor Level 20

    Answered . You did not post enough facts to provide a complete answer. Texas law has small estate and summary administration proceedings for estates of less than $10,000 and $50,000, respectively. What process you use depends on the value of the estate.

    You should contact a probate attorney who can help put your father's mind at ease. The attorney fees for representation in such cases are generally very nominal.

    James Frederick

  2. Randy Marvin Spiro

    Contributor Level 9

    Answered . Some banks will allow the closest relative to access a safe deposit box even if the relative is not a signer on the box if the relative tells the bank that he or she is looking for will(s). If the estate does not qualify for the small estate procedure, and when an attorney has filed a petition with the court and gotten an order appointing your dad as representative of your mom's estate, those papers should be taken by your dad to the bank to gain access to the box.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

27,496 answers this week

2,979 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,496 answers this week

2,979 attorneys answering