Disclaimer: This is educational information only and not legal advice. Laws change and situations differ. Consult a licensed Texas attorney for guidance about your specific situation.

Short answer

Yes. If the decedent had a connection to Texas (lived here when they died or owned property here), probate proceedings can be opened in Texas even if the proposed personal representative (executor or administrator) lives in another state. You will generally need to file in the proper Texas probate court, prove your right to act, and comply with Texas rules on who may serve. Many out‑of‑state relatives open Texas probate by working with a local Texas attorney or by appointing a resident agent to accept service.

Detailed answer — what you need to know and do

1. Determine whether Texas probate is the right forum

Probate in Texas is appropriate if the decedent:

• was domiciled (lived) in a Texas county when they died, or
• owned real property located in Texas at death (in which case Texas may permit ancillary probate), or
• had personal property in Texas that needs collection and distribution under the probate process.

For general information on probate courts in Texas see the Texas Judicial Branch probate overview: https://www.txcourts.gov/programs-services/probate/.

2. Decide which type of probate you need

Texas recognizes several probate paths:

• Independent administration (common, simpler if the will nominates an independent executor).
• Dependent administration (court supervision when required or requested).
• Summary or small‑estate procedures for low‑value estates or certain personal property (may avoid full administration).

Eligibility for simplified procedures depends on estate size and the assets involved.

3. Where to file

File in the county court where the decedent was domiciled at death. If the decedent was domiciled outside Texas but owned Texas real property, you may need an ancillary probate in the county where the real property is located. Local probate court clerks can confirm proper venue.

4. Who may serve as personal representative when you live out of state

Texas permits nonresidents to serve as personal representatives, but courts may require that a nonresident appoint a Texas resident agent for service of process or provide other proof that the court can reach them if needed. Some counties or courts have local rules about nonresident fiduciaries; a Texas attorney or the probate clerk can confirm local requirements.

5. Basic documents and proof you’ll need to open probate

• Original will (if one exists) or a statement that no will is known.
• Certified copy of the death certificate.
• Petition to open probate naming the proposed personal representative and listing heirs or beneficiaries.
• Oath and bond (if the court requires a bond) and any required forms for acceptance of appointment.

A local attorney can prepare and file these forms and appear for you in court if you cannot attend.

6. Practical steps for an out‑of‑state proposed representative

1. Contact the probate clerk in the proper Texas county to confirm filing requirements and local procedures.
2. Decide whether to hire a Texas probate attorney — highly recommended for out‑of‑state representatives.
3. Gather the will, death certificate, and asset information (bank accounts, real property, title documents).
4. If required, appoint a Texas resident agent for service of process or provide contact information where the court can reach you.
5. File the probate petition; attend the hearing in person when required or arrange for counsel to appear.

7. Timeframe and costs

Initial filings and appointment of a personal representative often take a few weeks to a few months depending on court backlog, whether the will is contested, and whether notices to heirs must be served. Costs include filing fees, possible bond premiums, attorney fees, and costs to publish or mail notices.

8. Alternatives to full probate

If the estate is small or assets are jointly owned or have payable‑on‑death beneficiaries, you may be able to avoid full probate. Texas has procedures for small estates and for transfer of certain property without administration. Check Texas statutes and local rules or consult an attorney to see if you qualify.

For access to the Texas Estates Code and other statutes see: https://statutes.capitol.texas.gov/. For practical, non‑legal forms and guidance, TexasLawHelp offers helpful materials: https://texaslawhelp.org/.

Helpful hints

• Start by calling the probate clerk in the county where the decedent lived or where Texas property is located — clerks are used to helping non‑resident fiduciaries with basic filing steps.
• Hire a local Texas probate attorney if you cannot travel. An attorney can file petitions, handle hearings, and receive documents on your behalf.
• Keep an inventory of known assets and creditors before filing — this speeds administration and helps you avoid omissions that cause later disputes.
• If you are named executor in a will, bring the original will to the Texas court; courts typically prefer the original document for probate.
• If the estate owns Texas real property and you live out of state, expect to handle property management (taxes, maintenance, sale) through local contacts or an attorney.
• Ask about whether a probate bond will be required. Sometimes the will waives a bond; if not, the court may set a bond based on estate value.
• Document all communications and keep a file of filings, notices, and receipts — fiduciaries must account for estate administration and may be audited by beneficiaries or the court.