Texas Ancillary Probate

Complete Original Probate in Domiciliary Jurisdiction

An original probate should be initiated in the state that has original jurisdiction for the probate. If an original probate is not necessary in another state, a foreign Will may be probated in Texas; however this will be an original probate rather than a simplified ancillary probate procedure.

Identify All Real Property

All real property should be identified with some specificity. A legal description of each property in Texas is preferable, but at a minimum each Texas County with real property should be identified. Don't forget to include any mineral interests.

Contact Texas Probate Attorney and Obtain Exemplified Copies of Original Probate Proceeding

A Texas Attorney will need to file exemplified copies of the original probate proceeding in each county the decedent owned real property to complete an ancillary probate transfer. The attorney who handled the original probate is the best person to obtain the exemplified copies. An exemplified copy of the original probate transcript is a special type of official copy authenticated by the proper court Clerk and Judge.

Contact Various Entities

Although a proper ancillary probate filing should put most individuals and entities on notice as to the transfer of property, oil and gas purchasers/producers, taxing entities, and other interested parties should generally be contacted and informed of the transfer and given contact information for the new owner(s).

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