- Estate Planning
- Elder Law
- Special Needs Trusts
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• Out-of-State Persons with Property in Texas •
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Today more than ever, it is common for individuals and families to have multiple properties, often in different states, and even in different countries. From investment property and business real estate to vacation homes, a great number of non-Texas residents own property in our state but reside elsewhere. When an individual from another state passes away and owns property in Texas, an Ancillary Probate is necessary to transfer the ownership of that property. Ancillary Probate refers to the process of transferring property that is located in a state or country other than where the decedent was domiciled.
The type of procedure necessary to transfer a non-Texas citizen’s property located in Texas depends on whether the decedent had a Will. If the decedent executed a Will outside of Texas, and it meets the requirements of the state or country where it was executed, it can be probated in Texas as a foreign Will. In addition, real property in Texas may be able to be transferred by simply filing the Will and the Order from the Court where the Will was originally probated, in the Texas real property records. If the decedent did not have a Will, it will be necessary to establish the heirs through a Determination of Heirship, Small Estate Affidavit or an Affidavit of Heirship, depending on what has been done in the state or country where the decedent resided.
The attorneys at Hayes & Wilson PLLC can help you determine the necessary path to take care of your loved one’s property located in Texas. If you live in another state, contact us. Our Attorneys can serve as your resident agent and allow you to handle the process from afar.