Mccullough & Mccullough

Estate Administration
& Probate

Estate Planning

Real Estate Law

Business Law

Can you open probate in multiple states?

If one of your loved ones dies in Texas, you might be tasked with opening probate for their estate. For some estates, it’s a simple matter of opening probate in the county where the property is located. However, the process can get more complicated if your loved one owned real estate in different counties or in different states.

Can you open probate in two different states?

Many people die with properties located in different states. If they left behind movable properties like vehicles or collectibles, you might be able to open probate solely in the county that the owner died. However, if they owned real estate in different states, you can’t exactly move the real estate to another location. Instead, you’ll have to open probate in both states.

Having multiple properties in different counties could also lead to complications. In some cases, you might be able to open the probate in the county where the individual died. However, you might want to talk to a probate attorney to make sure that you’re following the right procedure. Different states can have different laws about opening probate when the individual had properties in multiple areas.

You can bypass the probate process altogether if your loved one placed their assets in a trust before they died. This would allow their assets to pass directly to the beneficiaries without any legal intervention. For this reason, talk to your loved ones about forming trusts when they start writing their will. You might also want to form a trust of your own when you start planning your estate.

Should you hire an attorney during probate?

Anyone can be tasked with administering an estate, even if they have no prior experience. This can be a daunting task if you have to go through the probate process. Fortunately, you can hire an attorney who could help you divide your loved one’s estate according to their wishes. An attorney could help you open probate in multiple states, pay off the estate’s debts, find the individual’s last will and distribute their assets to their beneficiaries.