Probating An Out-Of-State Will In Texas
Whether you are the surviving loved one faced with sorting out the affairs of a loved one or are in need of making sure your assets end up in the right hands upon your own passing, our probate and estate planning lawyers at Griffin and Cain Attorneys at Law are ready to assist you.
Even if your will is not from Texas, it may still be probated in a Texas court. An out-of-state will is recognized by Texas state courts – whether or not it has been probate already. However, Texas has a few ‘extras’ that your out-of-state will is lacking. First, Texas has something called an independent probate. This is a very free form of probate with little court interaction and some pretty strong debtor’s rights. However, if you do not have very specific language in your will concerning an independent executor, then it is at the court’s discretion as to whether or not you get to proceed independently.
Second, Texas wills can utilize a ‘self-proving affidavit.’ This clause/document allows for a will to be proven as valid without the necessity of witness testimony. If a will is not valid, then it cannot be probated. If your Will does not have the Texas form of a ‘self-proving affidavit,’ then your family or friends will have to find two people who are familiar with you and your signature or those who actually witnessed you signing your will. Thus, the worst-case scenario is that your out-of-state will cannot be probated. Thus, an out-of-state will can certainly be made valid in the state of Texas. But, if you want to take advantage of some of Texas’ laws, then feel free to contact one of the attorneys at Griffin and Cain Attorneys at Law or call us at 281-524-6979 about your estate planning options.