Davidson Law Group Explains Ancillary Probate in Texas

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Probate Attorneys Explain Ancillary Probate in Texas

If you have a loved one who owned real estate property and has passed away, there are a lot of things to consider. When it comes to wills and trusts, the legal process can be complicated, especially if your loved one lived out-of-state. In this blog, the probate attorneys at Davidson Law Group clear up this out-of-state confusion and explain how ancillary probate laws in the state of Texas can provide the solution you need.

What Is Ancillary Probate?

Ancillary probate occurs in addition to primary probate in the event that the deceased owns property that is titled in another state. This results in two simultaneous probate proceedings in two different states. Whether or not an estate will be subject to ancillary probate depends on state law and property status.

Ancillary Probate in Texas

If the deceased lives in another state and owns property in Texas, if their will affects any property in Texas, or if proof exists that the will has already been probated in another state, beneficiaries are entitled to ancillary probate administration. While ancillary probate can be very time-consuming in many states, the state of Texas makes the process relatively simple, because they often accept wills that have already been probated in other states.

Applying for Ancillary Probate

The application for ancillary probate in the state of Texas is very similar to the process of ordinary probate, with some additional information. This information includes the name and address of each beneficiary involved in the property, a copy of the foreign will, and the judgment by which the will was admitted to probate. To ensure proper application and filing, it is always a good idea to hire a probate attorney.

Ancillary Letters Testamentary

Executors named in a foreign will may receive ancillary letters testamentary stating that this person has the ability to act on behalf of the deceased. If a person interested in a deceased person’s estate wishes to get letters testamentary, they must apply within four years of the property owner’s death. If you wish to obtain letters testamentary in the state of Texas, you will need a prepared application and the original will, and you will be required to prove in court the date of death and that you hold the last will.  

Davidson Law Group Probate Attorneys Can Help

If your loved one’s will is facing ancillary probate, it’s always a good idea to consult a probate attorney. At Davidson Law Group, we can help you through this difficult process. Contact our offices in Allen, Fort Worth, or Tyler, or visit our website for more information about how we can help with estate planning.