McCullough & McCullough | Lawyers Serving South Texas For Three Generations

Estate Administration
& Probate

Estate Planning

Real Estate Law

Business Law

Will you need to handle probate in more than one state?

On Behalf of | Aug 11, 2022 | Estate Planning

Your mom lived in Texas when she passed away, so you knew that you’d have to handle an out-of-state probate case when she died. You don’t live in Texas, but you were happy to fly into the state and try to handle the issues with her estate when the time came.

What you didn’t expect was that she had property in other states that would require you to have more than one probate case going at the same time. You never thought that more than one would be required or about how much effort handling two probate cases could require.

If your loved one has property in another state, two probates may be required

Sometimes, people have real property in multiple states. For example, your parents might have a home in Texas but also one in Oklahoma and Colorado. Legally, two probates can be required when someone lives in one state but leaves property in others, a situation in which “ancillary probate” occurs. You’ll need to handle multiple cases, and you will have to remember that the laws vary between states, too.

Ancillary probate can be tough, but Texas makes it easier

One nice thing about probate in Texas is that it’s currently all performed digitally. You can have a Zoom or video conference with the judge, allowing you to call in from anywhere. While you may still need to go to Texas to handle physical assets in the state, you don’t necessarily need to fly in for each and every court appearance.

Other states may also handle probate in this way, which could help you avoid costly trips or time off work as you work as the executor of the estate.

Do you need an attorney in each state?

Sometimes, yes, but other times you may be able to find one who can work on cases in both. As you get started on the journey of handling your loved one’s estate, it’s helpful if you speak with attorneys to get their background information and to ask them about handling ancillary probate. If they can, then you could save many hours of effort by working with them.


FindLaw Network