First, Texas has something called an independent probate. This is a very free form of probate with little court interaction and some pretty strong debtors’ rights. However, if you do not have very specific language in your will concerning an independent executor, then it is at the court’s discretion, as to whether you will be able to proceed independently.

Second, Texas wills can utilize a “self-proving affidavit.” This clause/document allows for a will to be proven as valid without the necessity of witness testimony. If a will is not valid, then it cannot be probated. If your will does not have a form of a self-proving affidavit that is recognized by Texas law, then your family or friends will have to find two people who are familiar with you and your signature or those who actually witnessed you signing your will.

The worst-case scenario is that your out-of-state will cannot be probated, but an out-of-state will can certainly be made valid in the state of Texas if it complies with our laws and your heir’s agreement. This is not necessarily an easy process, but with our guidance and representation, you will have a great chance at putting these issues to bed.