[TX] How do I determine a decedent’s debts?
How do I determine whether a decedent's debts exceed their assets, if the decedent died intestate or without a will?
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There’s no 100% way to know what debts a decedent owes. You’d normally need to check their physical mail and email. If an estate is opened, creditors can file claims there. This is also how you find assets.
Even as attorneys, we often forward the decedent’s mail to our office. That’s typically the best way to track everything down. It's typically easier to access sensitive records when a court-appointed representative has been designated, either through the filing of a small estate affidavit or the opening of probate (Estates Code § 308.051, Estates Code § 308.053)
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Hello. How do I know how much a decedent owes in debt?
Lexi, Chatbot
Have you been named as the executor of the decedent’s estate?
I’m not sure. No will was made. I am an heir.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
I am trying to transfer her vehicles under my ownership and I am unsure if her debts exceed her assets.
StephenH129
Hello! Thanks for using AskaLawyer. My name is Stephen, and I’m an attorney ready to help you. I’m sorry to hear about your situation — I know that can be frustrating. We can get this resolved quickly.
Thanks.
StephenH129
There’s no 100% way to know what debts a decedent owes. You’d normally need to check their physical mail and email. If an estate is opened, creditors can file claims there. This is also how you find assets.
Even as attorneys, we often forward the decedent’s mail to our office. That’s typically the best way to track everything down. It's typically easier to access sensitive records when a court-appointed representative has been designated, either through the filing of a small estate affidavit or the opening of probate (Estates Code § 308.051, Estates Code § 308.053)
What does opening an estate mean?
StephenH129
It means filing with the court to open probate. Someone applies to be the executor. What state did they pass in?
Texas. I apologize, I don’t understand the terminology you are using — so please bear with me. What is probate, and who is an executor?
StephenH129
Sure! Probate is the court process of managing a deceased person's estate. The executor is the person in charge of the estate. They handle everything — signing documents, dealing with creditors, distributing property. They get this authority from the court.
If the estate is under $75,000, Texas allows the use of a small estate affidavit. If there aren’t significant assets, you might not need full probate. That process can take 12–18 months or longer, while a small estate affidavit is much faster.
I did recently complete a small estate affidavit. Does that mean I’ll start seeing emails addressed to either me or the decedent?
StephenH129
In theory, yes — but creditors wouldn’t necessarily know you completed it, so they wouldn't know to contact you directly.
Also, you can only file one small estate affidavit, so I hope it includes everything. It can be amended, but that’s not ideal.
Understood. I really appreciate your help!
StephenH129
Did you have any other questions or concerns? Do you need clarification on anything we discussed?
No, sir, I think that’s all I need for now. Thank you!
StephenH129
Sounds good. Happy to help. Take care now and be well!
StephenH129
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