Houston Estate Planning and Elder Law Attorney Blog
If you live outside of Texas but own property inside of Texas, your estate plan will likely be subject to the ancillary probate process. Ancillary probate is the legal process through which a non-state resident gets his estate plan (only as the plan relates.to in-state property) approved by a state probate court. For example, if you live in Colorado but have a vacation home in Texas, your estate administrator will have to use a Texas probable court in order to transfer the vacation home to a beneficiary when you die.
Ancillary Probate
Ancillary probate in Texas is relatively straightforward. It requires a probate application in Texas, typically filed at the same time as the regular probate application filed in the decedent’s state of residence. In our Colorado example, the decedent’s estate would go through probate in Colorado and, simultaneously, would go through ancillary probate in Texas for the vacation home.
The state of Texas requires ancillary probate for real property and business interests in Texas-based companies. Other types of asserts, whether bank accounts, investment accounts, or retirement accounts, stay in the decedent’s residential state. Importantly, the “residential state” is the individual’s home state at the time that he or she died.
In order to begin the ancillary probate process, you must first notify the Texas court via petition that the decedent left behind Texas property. You will then need to provide relevant documentation and choose a resident agent. This “resident agent” will be a Texas resident responsible for receiving important documents from the probate court throughout the probate proceedings. In all likelihood, the court will require a hearing, during which a judge will notify the estate’s executor of any additional documentation needed. Once the estate plan is approved by the court as it relates to the Texas property, the administrator can finally distribute the property to the intended beneficiaries.
This process can, of course, feel logistically burdensome for those not living in Texas. We recommend, if you are dealing with an ancillary probate claim, that you hire an experienced Houston estate planning attorney to help you navigate the process. Ancillary private claims can sometimes delay the probate claims in outside states. It is therefore important to work through these claims both quickly and correctly, in order to avoid any unnecessary bumps in the road.
Are You Looking for Your Houston Estate Planning Attorney?
At McCulloch & Miller, we take the reins of the probate process so that you can focus on living your life and spending time with the people you love. If you need an expert Houston estate planning attorney in your corner, consider our team as a group of attorneys that will both have your back and help you accomplish your goals.
For a consultation with a Houston estate planning attorney from our team, give us a call today at (713) 333-8900. You can also fill out our online form to tell us about your circumstances and have an attorney reach back out to you as soon as possible. Our firm covers estate planning, probate, elder law, trust administration, special needs planning, and more.