If a decedent (person who is deceased) has real property or tangible personal property in a state other than the state where the decedent lived at the time of death (primary residence or domicile), an ancillary probate proceeding in the other state where the property is located will probably be necessary to transfer title to the property—unless, for example, the decedent took steps to transfer title to the property before death. After the domiciliary probate process is initiated in the state of the decedent’s primary residence, the executor or administrator of the estate may open an ancillary probate proceeding in the state where the property is located.
The ancillary probate is usually an abbreviated process that relies in whole or in part on the domiciliary probate court’s admission or acceptance of the will for probate. Thus, any challenges to the validity of the will generally must be made in the domiciliary probate court. And once the domiciliary probate court admits the will to probate and grants the executor or administrator authority to act on behalf of the estate (letters testamentary, letters of administration), the executor may file a copy of the will and the letters testamentary or letters of administration in the ancillary probate court. The ancillary probate court will then admit the will to probate in that state as a foreign will, giving the executor or administrator the authority to transfer or sell the property in the ancillary probate state.
In Texas, if a decedent owned real property or tangible personal property in a state other than their primary residence, an ancillary probate proceeding is typically required in the state where the property is located to transfer title. This process is initiated after the primary probate process begins in the state of the decedent's domicile. Ancillary probate in Texas is a streamlined process that recognizes the authority of the domiciliary probate court. Challenges to the will's validity are generally addressed in the domiciliary state. Once the will is admitted to probate and the executor or administrator receives authorization (letters testamentary or letters of administration) in the home state, these documents can be filed in Texas. The Texas court will then recognize the will as a foreign will and grant the executor or administrator the authority to manage, transfer, or sell the property within Texas.
