Detailed answer

This FAQ explains the main steps a Texas personal representative (executor or administrator) commonly takes when settling a parent’s estate that includes property located in another state. It covers how Texas probate works, how out‑of‑state real and personal property are usually handled, and practical next steps. This is general information only and not legal advice.

Key concept: domicile vs. location of property

“Domicile” (where the deceased legally lived) determines where the primary probate should be opened. Real estate, bank accounts, vehicles and other assets are located where they sit—sometimes in a different state than the decedent’s domicile. Texas law governs probate of estates where the decedent was domiciled in Texas; a different state will control probate if the decedent’s domicile was in that state.

Typical scenarios and where to begin

• Decedent domiciled in Texas, property in another state: Open probate in a Texas probate court. For real estate or other titled property in the other state, you will usually need an ancillary probate or follow that state’s transfer procedures to clear title there.
• Decedent domiciled outside Texas (for example, North Carolina) but assets are in Texas: Primary probate normally occurs in the decedent’s domicile (North Carolina). To transfer Texas real estate or certain Texas‑located assets, you will usually need to initiate an ancillary probate in Texas or rely on statutory transfer procedures recognized by Texas courts.

Step‑by‑step actions under Texas practice

1. Gather documents and identify assets

Collect the death certificate, any original will(s), deeds, title documents, account statements, life insurance policies, retirement account beneficiary designations, and a list of creditors. Identify which assets are physically or legally located in Texas and which are located in the other state.

2. Determine where to open probate

If the parent was domiciled in Texas, open probate in the appropriate Texas county probate court. If the parent was domiciled elsewhere, open probate in that state (primary probate). In many cases you will end up with two proceedings: the primary probate where the decedent was domiciled and an ancillary probate in the other state where real property is located.

3. File for appointment of a personal representative in the primary jurisdiction

If there is a will, the named executor usually petitions for probate. Without a will, an interested family member petitions for appointment as administrator. The appointed representative receives letters testamentary or letters of administration (documents courts issue to show authority to act). In Texas, probate and administration are governed by the Texas Estates Code; related statutes and local court rules set detailed procedures (Texas statutes).

4. Decide independent vs. dependent administration

Texas allows different administration regimes. Independent administration (where the personal representative has wider authority to act without court approval) can speed asset transfers and lower costs if eligible. If independent administration is not available or chosen, the representative must ask the court for approvals on many actions. The will or local statute may affect which route is available.

5. Handle out‑of‑state real property (ancillary probate)

Most states require either an ancillary probate proceeding or acceptance of the primary court’s letters to transfer title to real estate located there. Practical steps:

• Obtain certified copies of your Texas letters testamentary or administration.
• File those letters (or a petition for ancillary administration) in the county and state where the property is located. That court may accept the foreign letters and appoint an ancillary administrator or allow a foreign personal representative to act locally.
• Complete the local transfer steps for deeds, tax authorities, and title companies in that state.

Because each state has different rules for ancillary probate and deed transfer (and some states have simplified procedures), check the rules of the state where the property is located and plan for an ancillary filing there.

6. Transfer personal property (where possible) without full ancillary probate

Some types of personal property (bank accounts, vehicles, small assets) can be transferred under small‑estate procedures or by affidavit without a full ancillary probate. Texas and other states offer statutory short forms for small estates; the availability depends on asset type and value. Real estate is almost always treated differently and usually needs a court action in the state where it sits.

7. Notify creditors and pay debts, taxes, and expenses

The personal representative must identify and notify creditors, pay legitimate claims and estate administration costs, and handle federal and state estate/tax obligations if any. Texas procedural rules and the Estates Code set claim notice and priority rules. Expect to handle final income tax returns, and possibly an estate tax return depending on federal/state thresholds.

8. Distribute remaining assets and close the estate

Once claims and expenses are resolved and the court approves (if required), distribute the remaining assets to beneficiaries under the will or Texas intestacy rules. File closing papers with the probate court to end the administration.

Practical examples

Example A: Parent lived in Texas and owned a house in North Carolina. You would open probate in Texas and obtain letters. To transfer the North Carolina house, use the letters and file an ancillary probate or title transfer in North Carolina, complying with North Carolina rules for accepting foreign letters.

Example B: Parent lived in North Carolina and owned a condo in Texas. Primary probate would be in North Carolina. To clear title to the Texas condo and sell or transfer it, you’d generally need to file for ancillary probate in Texas or otherwise present the foreign letters in the Texas county where the condo is located.

When to hire a probate attorney

Consider an attorney if the estate is complex, includes real estate in more than one state, contains significant debts or tax issues, involves contesting a will, or if you’re unsure about ancillary probate requirements in the other state. An attorney licensed in the state where the property sits (and sometimes another for the domicile state) will help coordinate filings and title transfers.

Where to read the Texas statutes

Relevant Texas rules are in the Texas Estates Code and related statutes. You can review the code and search chapters online: Texas Statutes — https://statutes.capitol.texas.gov/.

Disclaimer: This information is educational only and is not legal advice. Laws vary by state and fact pattern. Consult a licensed attorney in the states involved before acting.

Helpful Hints

• Start by determining the decedent’s domicile and listing all assets, with locations.
• Get multiple certified copies of the death certificate right away—courts, banks, and title companies will ask for them.
• If you find a will, locate the original. The probate court usually wants the original will to open the estate.
• Collect deeds, vehicle titles, account statements, insurance policies, and beneficiary designations to speed transfers.
• Ask the banks and titles companies where each asset is located what proof they require—some accept foreign letters; others want local ancillary proceedings.
• Keep a detailed record of all estate transactions, expenses, and communications with creditors and beneficiaries.
• Check small‑estate procedures in both Texas and the other state—some small assets can transfer with an affidavit and avoid full ancillary probate.
• Coordinate with an attorney licensed where the out‑of‑state property sits; you may need counsel in both states for smooth administration.
• Expect timelines to vary. Probate and ancillary actions often take several months; complex estates can take much longer.