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Probating An Out-Of-State Will In Texas

Even if your will was not created in Texas, it may still be probated in a Texas court. Texas state courts recognize out-of-state wills regardless of whether they have already been through probate. However, Texas has a few “extras” that your out-of-state will is lacking.

At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we are estate planning and probate attorneys who help people with Texas probate problems. We work with families from across the U.S. with Texas-sized probate problems in Conroe. We are knowledgeable and considerably experienced lawyers, and we keep our clients informed about the special issues ahead.

Two Unique Factors For Out-Of-State Wills

First, Texas has something called an independent probate. This is a very free form of probate with little court interaction and some pretty strong debtors’ 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 you will be able 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.

The Bottom Line For Out-Of-State Wills Probated In Texas

The worst-case scenario is that your out-of-state will cannot be probated, but an out-of-state will can certainly be made valid in the state of Texas. This is not necessarily an easy process, but with our guidance and representation, you will have a great chance at putting these issues to bed.

We’re Ready To Get To Work

We’re proud of how hard we work and how much we care about our clients. When you have probate concerns that you can’t resolve from your home state, we’ll be there for you. Call us at 281-524-6979 or send an email using this form to learn more about your out-of-state will options.