When a loved one passes away with property in Texas and a will in another state, dealing with that property can be complicated. It requires taking one of several Texas ancillary probate paths, which can further complicate an already difficult time for you.
Let our firm, Sheehan Law PLLC, guide you through the process instead. We can ensure that your loved one’s will is respected, their property is safely transferred, and their legacy is preserved.
When Are Ancillary Probate Services Required In Texas?
It is becoming increasingly common for families to be stretched out over multiple states (or even countries) and Texas is a popular spot for property ownership. Having real property in multiple states can however complicate the process of dealing with them after a death.
Because the property ownership is established in Texas, it must also be transferred there after someone passes away, even if their will is being probated in another state entirely. To avoid having to go through an entire probate procedure from the state, Texas law allows for ancillary probate in such circumstances.
With the right guidance going through ancillary probate in Texas should be faster and smoother than an ordinary full probate process.
How And What Does One File For Texas Ancillary Probate Administration?
If you find yourself in such a situation, dealing with the estate of a non-resident with real property in Texas, you will need to file for ancillary probate administration. This is straightforward work for experienced ancillary probate attorneys, but can quickly become overwhelming if you lack the legal training and expertise. That is why we are here to help.
First, you will need to go through probate in the deceased’s home state. This will either validate their will or provide an arrangement for the distribution of their property should they have passed away intestate. Then you, or whoever has been designated as the executor of their will and estate by the court, can proceed to file for ancillary probate to handle foreign properties with any states in which they have real property, such as Texas.
This application must include several important documents and information, without which your Texas ancillary probate request could be denied.
- An authenticated copy of the foreign will with
- Signature of the court clerk,
- A certificate with the original signature of the judge or magistrate,
- And The court seal affixed.
- An authenticated copy of the foreign proceedings in which the Will was admitted to probate or otherwise established (if there was no will).
- All information required for an application for ordinary probate of a Will in Texas.
- The names and addresses of each devisee.
- The names and addresses of any heirs or beneficiaries in the absence of a will.
In addition, you or whoever is going to act as executor must be qualified to do so under the state laws where the will is being resolved, and not be disqualified from doing so in Texas.
What Happens After We File For Texas Ancillary Probate?
If your application is successful, you, or the executor, will be issued ancillary letters of testament by the Texas probate court. These give you the legal power to sell the property if you need to or to reassign ownership to any beneficiaries, as determined by the will.
The entire process could take less long than your initial probate, or end up taking considerably more time and effort if you make any mistakes or there are any complicating factors or challenges.
Ensure A Smooth Ancillary Probate Experience By Hiring A Local Attorney
Trying to navigate probate is difficult and stressful enough in your own state already, trying to do so across state boundaries can be much worse. But you do not need to go through it alone, if your family member’s property was in Austin, Pflugerville, or any nearby Texas city or county, Sheehan Law PLLC can help you navigate the ancillary probate process painlessly.