Out of State Wills

What happens when a Will is admitted to probate in one state but there is real estate and/or mineral interests within the State of Texas that need to be transferred to the beneficiaries named in the Will?

Texas Probate Code Section 95A provides that a written will of a testator (the person who died) who did not primarily reside in Texas at the time of his or her death, may be admitted to probate upon proof that it stands probated or established in any of the other 49 States, territories of the U.S.A., the District of Columbia, or any foreign nation. Texas Probate Code ยง95B states that if the foreign will has been admitted to probate in another state in which the testator is domiciled at the time of his or her death, then the application in Texas need only state that probate is requested on the basis of the authenticated copy of the foreign proceedings in which the will was probated. No notice is generally required. However, if the foreign will has been admitted to probate in a jurisdiction other than the domicile of the testator at the time of his or her death, the application for probate shall contain all the information required in an application for the probate of a Texas will, and shall also set out the name and address of each devisee (beneficiary) and each person who will be entitled to a portion of the estate as an heir in the absence of a will. Citations must be issued and served on each such devisee and heir.

Category : Estate Planning &Probate Law &Will Contests

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