Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a decedent’s assets span multiple Texas counties or even different states, careful planning and proper court filings can streamline estate administration. Below is an overview under Texas law:
1. Primary Texas Probate Proceeding
• Venue in Texas generally lies in the county where the decedent was domiciled at death. See Texas Estates Code §32.001: statutes.capitol.texas.gov/Docs/ES/htm/ES.32.htm#32.001.
• A single probate administration can cover all Texas-based assets, including real property in different counties. You file the application for letters testamentary or letters of administration in the county of domicile.
2. Real Property Across Texas Counties
• After appointment, the personal representative lists and manages all real and personal property, regardless of county. No separate county-level administration is needed if the primary probate court has jurisdiction over probate for statewide assets.
• The representative may need to file notices or abstracts of court orders in other counties to clear title on real estate.
3. Out-of-State Assets: Ancillary Administration
• For real or personal property located outside Texas, you must obtain ancillary letters of administration in the foreign jurisdiction. See Texas Estates Code Chapter 101 on ancillary administration: statutes.capitol.texas.gov/Docs/ES/htm/ES.101.htm.
• The Texas personal representative petitions the other state’s court using a certified copy of Texas letters testamentary. That court grants limited authority to handle assets within its borders.
4. Small Estate Affidavit Option
• If the decedent held only personal property and its total Texas value (minus liens) does not exceed $75,000, you may use a small estate affidavit procedure. See Texas Estates Code §205.002: statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm#205.002.
• This process bypasses full probate in Texas but does not apply to real property or out-of-state assets.
Helpful Hints
- Compile an asset inventory showing location and fair market value.
- Confirm the decedent’s county of residence for venue under §32.001.
- Check if small estate affidavit procedures apply before filing full probate.
- Review local court rules and filing fees in each jurisdiction.
- Serve notice to creditors in every county where the estate is administered.
- Use certified copies of Texas letters to secure ancillary letters elsewhere.
- Maintain clear records of all court filings and property transfers.
- Consult with a local probate attorney where out-of-state assets require ancillary administration.