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.

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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.

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

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

Probate is not necessary for many items of personal property. For example:

1. There are many assets such as life insurance proceeds, IRAs, pension plans and retirement accounts that pass outside the will to beneficiaries named by the decedent.
2. Additionally, property held by the decedent and others as joint tenants with rights of survivorship, such as bank accounts and certificates of deposit, pass outside the will directly to the survivor.
3. Finally, property held in trust will pass under the terms of the trust rather than the terms of a the decedent’s will.

However, when ownership of the decedent’s property is evidenced by title, that property cannot be sold or transferred until the dededent’s name is removed from the title. Probate records become a link in the chain of title, demonstrating that the decedent’s property has passed to someone else.

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1. When Should I Probate a Will?

Generally, a will should be probated as soon as possible. The Texas Probate Code requires that a will be probated within 4 years of a testator’s death. If more than four years has elapsed, the testator will be treated as though he died without a valid will, and the Texas intestacy statutes will determine how his property should be divided.

There is a limited exception to the general rule. If the person offering the will for probate was not in default for failing to present the will within the four year period, the will may be admitted to probate as a muniment of title.

Related posts:

1. Is Probate Always Necessary?