Detailed Answer
When a decedent passes away, you must file probate or administration in the proper Texas county. The Texas Estates Code sets clear rules for choosing where to open or move a decedent’s estate. Picking the correct venue ensures the court has authority and prevents delays or dismissal.
1. Opening an Estate in the Correct County
- Resident Decedent: File in the county where the decedent was domiciled (lived) at death. See Texas Estates Code §32.001.
- Nonresident with Texas Property: If the decedent lived elsewhere but owned real or tangible personal property in Texas, file in the county where any part of that estate is located. See §32.002.
- Intestate without Resident Heirs: When a resident decedent leaves no surviving spouse or minor child, you may also choose any county in Texas where estate assets exist. See §32.003.
2. Transferring Venue to the Proper County
If you discover you filed probate or administration in the wrong county, you can transfer the case rather than start over:
- Motion to Transfer Venue: File a written motion in the original court explaining the correct venue under §§32.001–32.003. Attach any affidavits showing decedent’s domicile or property location.
- Notice to Interested Parties: Serve all heirs, beneficiaries, and claimants. Texas Rules require notice before the court acts on venue transfer.
- Court Order: Once the court finds the chosen county was improper, it signs an order sending records and appointing the personal representative in the correct county court.
3. Ancillary Administration in Texas
When a decedent’s primary estate is opened in another state, you may need ancillary administration in Texas for in-state assets:
- Obtain a certified copy of the primary court’s letters and a death certificate.
- File an ancillary application in the Texas county holding real or tangible property.
- Use the same venue rules: county of property location. See Texas Estates Code Chapter 309.
Helpful Hints
- Confirm decedent’s last legal residence via driver’s license, voter registration or official records.
- Search county property records to identify where real estate is titled.
- Check for bank or brokerage accounts tied to county branches for tangible asset clues.
- Consult the county probate clerk’s office to verify local filing requirements.
- If multiple counties qualify, choose the one with the bulk of assets or most parties nearby.
- Attach certified copies of death certificate and will to your application to speed the process.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney for guidance specific to your situation.