Probate can be a confusing issue for people who have just lost a loved one in Texas. While many cases are straightforward, others are more complex. The process is meant to ensure the decedent’s property is transferred smoothly.
Still, not every case is easy. One situation that can be challenging is if the person who died wrote a will and had property in Texas, but was not living in the state at the time of their death.
Understanding ancillary probate
The term “foreign” is used regarding the will. It refers to a person who was not living in Texas at the time and resided in another state. In these cases, ancillary probate may be necessary. It is imperative to know what this means and how it is essential to complete the process. The primary reason for ancillary probate is so heirs can receive real property located in Texas.
The probate from the state where the testator died can be used so the property is passed along. The will should have a list of heirs and detail who will receive the property for this to work. If the will is clear, then this should not be a major obstacle to completing the process and the heir receiving the property.
To apply for ancillary probate after the will was admitted in another jurisdiction, the necessary information needed to probate a will must be provided. Also, the people who are receiving the property must be identified including those who would be designated as heirs if the testator died without a will.
Probate can be key to an efficient transfer or property
Just because a person owned property in Texas, lived elsewhere and there are worries about probate does not necessarily mean there will be obstacles with their will being adhered to. Ancillary probate is just another form of probate that people need to be prepared for if they are in this situation and it is useful to know how the process works from the beginning.