According to Section 6 of the Texas Probate Code, a will should be admitted to probate in the Texas county where the decedent was domiciled or had a fixed place of residence.

If the decedent was not domiciled in Texas and had no fixed place of residence in this state, the proper venue depends on where he or she died:

1. For those who die in Texas, the will should be probated either in the county where his principal estate was at the time of his death or in the county where he died.
2. For those who die outside of Texas, the will should be probated in a Texas county where the decedent’s nearest relatives reside, or if no relatives reside in Texas, then in the county where the decedent’s principal estate was situated at the time or his or her death.

No related posts.

Occasionally, people own property in Texas but reside in another state or country at the time of their death. As a result, they make wills that comply with the laws of the state or country where they reside, rather than in accordance with Texas laws.

The Texas Probate Code addresses this situation. In Texas, the written will of a testator who was not domiciled in Texas at the time of his death can be admitted to probate to transfer personal and real property within the state so long as it is signed in accordance with the law of the jurisdiction where they lived.

So, for example, if someone resided in the United Kingdom and signed a valid will in accordance with the laws of that country, then the Texas Probate Code allows that will to be offered in Texas to transfer property within the state.

Related posts:

1. The Characterization of Property in Texas
2. Do I Have To Pay Taxes On An Inheritance From A
   Foreign Relative?

Section 93 of the Texas Probate Code provides that “After a will has been admitted to probate, any interested person my institute suit in the proper court to contest the validity thereof, within two years after such will shall have been admitted to probate, and not afterward…”

There are two exceptions to the general rule:

1. If the contest is based on forgery or fraud, the Will can be contested for up to two years after the forgery or fraud is discovered.
2. If the person contesting the will was incapacitated by law, such as if he or she was a minor at the time the will was admitted to probate, then the incapacitated person has two years after the removal of that incapacity within which to file a contest.

If neither of these two exceptions exist, and more than two years have passed since the will was admitted to probate, then a suit to contest the validity of the will is barred.

No related posts.

There are three ways in which a personal representative of an estate is appointed:

1. A personal representative can be appointed by a will of a testator, who designates one or more people to serve as Executor.
2. The beneficiaries under  a will can choose someone as personal representative if the decedent died intestate (without a valid will), the will does not name an Executor, or the Executor named in the will is unable or unwilling to serve as personal representative.
3. A court can appoint a personal representative if the beneficiaries under a will cannot agree on a personal representative.

The appointment of a personal representative by the testator or by agreement of the heirs or beneficiaries is not effective unless and until an order is signed by the court.

The court order serves as the official appointment and allows the personal representative to receive letters testamentary or letters of administration from the clerk in order to proceed with the administration of the estate.

Related posts:

1. People Ineligible To Be Appointed As Guardian

In Texas, the level of court involvement in the probate process depends on whether there is a dependent or independent administration.

Independent adminstration

Texas allows independent administration of an estate when the testator provides his or her will that there should be no action in the probate court in the settlement of the estate other than the probating and recording the will and the return of an inventory, appraisement, and the list of claims of his estate.

Independent administration will also be permitted when all beneficiaries agree to an independent administration even though the deceased person dies intestate, or does not expressly authorize an independent administration in his or her will.

Independent administrations usually involve only one court hearing and the filing of an inventory. They account for more than 80 percent of Texas probates.

Dependent administration

Dependent administration, on the other hand, involves a lot more court supervision, and is consequently more time-consuming and expensive. With a dependent administration, a court overseas every aspect of an estate’s adminstration.

This means that an administrator must post bond, hire appraisers, submit an annual inventory, petition the court for permission to sell property or distribute assets, and file a final report with the court.

There may be good reasons for a dependent administration, such as when there is a high level of distrust between heirs.  But in terms of in terms of minimal court involvement, independent administration is most beneficial.

Related posts:

1. When Should I Probate a Will?
2. Is Probate Always Necessary?