Estate Attorney Advice: Inheriting Out-of-State Property

Handing off a model house

Davidson Law Group Gives Advice on What to Do If You Inherit Out-of-State Property

These days, it’s not as uncommon as it used to be for family members to live in different states. Children grow up and move far away from their parents, people own vacation houses in different states, and it’s easier to move from state to state than it once was. Because of this, more and more people are inheriting out-of-state property. Davidson Law Group is here today to give you advice from our estate attorneys and probate attorneys on what to do if you end up inheriting out-of-state real estate property.

Ancillary Probate

If a deceased property owner owes on assets in another state listed in their will, the property may need to go through the main probate where the deceased lived as well as an ancillary probate. Ancillary probate occurs in the state where the property is located. It can be quite expensive and time-consuming, depending on the location of the estate, the size of the estate, and the location of beneficiaries.

Multiple Probates

If you are the beneficiary of a will that contains property from multiple states, you may have to go through multiple probate proceedings to gain possession of the property. These probates include the main probate where the deceased lived and ancillary probates in each state where there is additional property. Property owners can help avoid multiple probates for their beneficiaries by including the name of each beneficiary on their property titles.

Out-of-State Probate in Texas

In the state of Texas, out-of-state wills are recognized by state courts whether they have been probated or not. Furthermore, wills of non-Texas residents, or foreign wills, may be admitted for ancillary probate in Texas if the will affects any Texas property or if there is proof that the will has already been probated in another state. In the state of Texas, ancillary administration of a foreign will is typically simpler than original probate.

How to Avoid Out-of-State Probate

Dealing with probates out-of-state or in multiple states can be tiring and costly. The good news is that you can avoid this process if the property owner places the real estate in a living trust. This trust can be revoked at any time as long as the creator is alive and able to do so, and this gives the successor trustee the ability to distribute the property to beneficiaries.

Davidson Law Group Probate and Real Estate Attorneys

If you live in the state of Texas and are the beneficiary of property outside of Texas, contact Davidson Law Group for help with ancillary probates. We can also help with wills and trusts if you think that you want to bypass the process of probates. Our attorneys will help you decide what process works best for you. Contact our offices in Allen, Fort Worth, or Tyler, or visit our website for more information about how we can help with estate planning.