Santilli Law will help you choose the asset transfer option that best fits your goals, the details of your situation, and the types of assets involved—whether that is a non-probate procedure or a court filing that gives you personal authority to access bank accounts and sign deeds to transfer real estate. The information below provides a general overview of common non-probate and probate transfer options to help introduce you to various options that may be available to you.
Non-administration options involve minimal court involvement and are typically used when a Decedent’s bank accounts or other assets already named a Payable on Death beneficiary or had a joint account holder with a Right of Survivorship, which allows the assets to pass directly without probate.
Non-administration options involve minimal court involvement and are typically used when a Decedent’s bank accounts and other financial assets list a Payable on Death beneficiary or had a joint account holder with a Right of Survivorship, which allows the assets to pass directly without probate.
| Type | Typical Use | Starting Fee |
|---|---|---|
| Affidavit of Heirship | Limited real estate transactions (Ex. house(s), land, mineral rights) | $800 |
| Small Estate Affidavit | Limited use for qualifying small estates | $1,500 |
| Muniment of Title | When there are no debts | $2,500 |
| Determination of Heirship | Upon request of a Title company | $2,500 + Court Heirship Fee |
| Deed | Transfer of real estate | $400 |
Financial institutions often require Letters Testamentary to release bank funds or other assets when no beneficiary was listed on an account, as these court-issued documents formally appoint a personal representative who has the legal authority to access, manage, and distribute the decedent’s estate.
| Type | Typical Use | Starting Fee |
|---|---|---|
| Independent Administration (Original Will) | The original will with wet signatures is available | $3,000 |
| Independent Administration (Copy of Will) | Only a copy of the original will is available | $3,500 |
| Independent Administration (No Will) | The court must determine heirs due to no will | $3,500 + Court Heirship Fee |
| Dependent Administration | Minors will receive distributions, or there is a dispute | Not currently accepting new cases |
IMPORTANT NOTE: Listed starting fees include most standard court filing fees, publication fees, and document ordering costs. The goal is to provide a transparent, simplified pricing structure and process for your planning. However, a specific fixed fee and attorney availability cannot be confirmed until after a consultation. Certain case-specific circumstances may require additional time, filings, and associated costs. For example, personally serving an uncooperative heir or locating a missing heir may increase the time and expense involved. Additionally, Santilli Law does not handle contested matters.
Financial institutions often require “Letters Testamentary” to release bank funds and other assets when no beneficiary was listed on an account. “Letters Testamentary” are court-issued documents designating a personal representative for the estate to access and transfer a decedent’s assets.
| Type | Typical Use | Starting Fee |
|---|---|---|
| Independent Administration (with "Letters Testamentary") of an Original Will | The will must by signed by two witnesses and notarized with self-proving language. | $3,000 (attorney pays Denton County Court filing fees) |
| Independent Administration (with "Letters Testamentary") of a Copy of a Will | A copy of a will (rather than an original will with wet signatures) requires additional legal procedures | $3,500 |
| Independent Administration (with "Letters Testamentary") with No Will | When the decedent left no will, the court will require a third party attorney ("Attorney Ad Litem") to investigate and provide a report determining the decedent's heirs. The report will also list the percentage of the estate to which each heir is entitled. | $3,500 + AAL |
| Dependent Administration | Often required when minors or incapacitated individuals are estate recipients | -- |
Non-administration options involve less court intervention, if any. These options are more typical when a Decedent’s bank accounts and other financial accounts had a Payable on Death (POD) beneficiary or a joint account holder with a “Right of Survivorship” designation.
| Type | Typical Use | Starting Fee |
|---|---|---|
| Small Estate Affidavits | For estates with limited assets aside from the home of the decedent Note: Courts have wide discretion to deny Small Estate Affidavits. | $1,500 |
| Determination of Heirships | $2,500+ AAL | |
| Independent Administration (with "Letters Testamentary") with No Will | When the decedent left no will, the court will require a third party attorney ("Attorney Ad Litem") to investigate and provide a report determining the decedent's heirs. The report will also list the percentage of the estate to which each heir is entitled. | $3,500+ AAL |
| Muniment of Title | Requires the decedent to have left no debts | $2,500 (includes Denton County Court filing fees) |
Other options when “Letters Testamentary” are NOT needed to transfer assets to transfer assets of a decedent.
| Types of Administration | General Use | Starting Fee |
|---|---|---|
| Small Estate Affidavits | For estates with limited assets aside from the home of the decedent Note: Courts have wide discretion to deny Small Estate Affidavits. | $1,500 |
| Determination of Heirships | $2,500+ AAL | |
| Independent Administration (with "Letters Testamentary") with No Will | When the decedent left no will, the court will require a third party attorney ("Attorney Ad Litem") to investigate and provide a report determining the decedent's heirs. The report will also list the percentage of the estate to which each heir is entitled. | $3,500+ AAL |
| Muniment of Title | Requires the decedent to have left no debts | $2,500 (includes Denton County Court filing fees) |