When a loved one dies outside Texas but owns property here, it is easy to assume the probate case where they lived handles everything. If the will covers Texas property, however, you may still have to take legal steps here.
Texas has a process for this situation. One option is ancillary probate, which lets Texas recognize a will that another state or country has already accepted in court. How it works depends on where the first probate took place.
When ancillary probate applies
If Texas was not the person’s permanent home at death, you can use an additional court procedure when the will affects Texas property and another state or country has already recognized it. Texas law allows this filing at any time.
After you submit the required papers and the clerk records the foreign will, Texas gives it the same legal effect as a will admitted by a Texas court. Texas law still allows an interested person to contest the will under its rules for foreign wills.
What records you file in Texas
If a court in the person’s home state or country handled the first probate, your Texas application can rely on an official court-certified version of that case. An authenticated copy uses official signatures and a court seal, when available, to confirm the records are official.
You also provide the court ruling along with a copy of the will. Under Texas Estates Code Chapter 501, the official who keeps the probate records must attest the copy with an original signature. A judge then certifies that attestation.
Texas requires more information when the first probate took place outside the person’s home state or country. You include the details required for a regular Texas probate application and identify the people the will names and those who would inherit without it. Texas also requires notice to those people.
Preparing the records
You may want to gather the earlier court papers and records that identify the Texas property. It also helps to note where the person lived at death and where the first probate took place. Keeping these materials together helps you understand the Texas estate administration process and prepare for court.
