Probate in Texas is the legal process of identifying a decedent’s assets, settling debts, and distributing the remaining property to beneficiaries. When a non-Texas resident passes away owning assets in Texas – such as real estate or personal property – ancillary probate may be required. This process validates a foreign will that is signed in a different state or country and ensures assets are distributed according to the decedent’s wishes.
Requirements for a Will to Be Admitted to Probate in Texas
To admit a will to probate in Texas, the will must meet the formal requirements outlined in the Texas Estates Code. These include:
- Written format: The will must be in writing.
- Signed by the testator: The testator (the person creating the will) must sign the will, or another person may sign on their behalf, under the testator’s direction.
- Witness attestation: At least two credible witnesses aged 14 or older must sign the will in the testator’s presence.
Once these requirements are satisfied, the will becomes eligible for probate, enabling the transfer of property to beneficiaries.
When Is Ancillary Probate Required?
Ancillary probate is necessary in situations where:
- The decedent was not a Texas resident at the time of death.
- The decedent had a valid foreign will.
- The will governs property in Texas that does not pass automatically by title or law.
For instance, ownership of a vacation home or mineral rights located in Texas may require ancillary probate to facilitate proper transfer.
Exceptions: Non-Probate Assets
Some assets bypass the probate process entirely and pass directly to beneficiaries. Examples include:
- Life insurance policies with designated beneficiaries.
- Payable-on-Death (POD) accounts.
- Jointly-owned property with rights of survivorship.
Filing for Ancillary Probate in Texas
To initiate ancillary probate, file an application with a Texas court that has jurisdiction over the property. If the foreign will complies with Texas legal requirements, the court will admit it to probate and transfer the property’s title to the rightful beneficiaries.
Why Work with an Attorney for Ancillary Probate?
Working with an experienced estate planning & probate attorney simplifies the process and ensures compliance with Texas law. This is especially helpful for out-of-state beneficiaries managing Texas-based property. At ROSENBLATT LAW FIRM, our estate planning and probate attorneys will act as your legal counsel, handling the probate process efficiently and effectively.
Simplify Your Probate Process
Managing ancillary probate in Texas does not have to be stressful. Trust the experienced team at ROSENBLATT LAW FIRM to guide you through the process and ensure your loved one’s wishes are honored.
Contact RLF today to schedule your FREE consultation and take the first step toward simplifying your foreign will journey.
