Probating An Out-Of-State Will In Texas
Even if your will was not created in Texas, it may still be probated in a Texas court. Texas state courts recognize out-of-state wills regardless of whether they have already been through probate. However, Texas has a few “extras” that your out-of-state may be lacking.
At Griffin & Cain, Attorney at Law, PC, we are estate planning and probate attorneys who help people with Texas probate problems. We work with families from across the U.S. with Texas-sized probate problems in Conroe. We are knowledgeable and considerably experienced lawyers, and we keep our clients informed about the special issues ahead.
Two Unique Factors For Out-Of-State Wills
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 Bottom Line For Out-Of-State Wills Probated In Texas
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.
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From the start, John approached my case with compassion, integrity, and a deep understanding of how high the stakes were for my family. He listened closely, advised me wisely, and fought with heart and determination to ensure that our side of the story was heard. He treated me not just as a client, but as someone whose voice and lived experience mattered deeply.
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Rhonda Brown
Texas
What stood out the most was his ability to resolve my legal matters in a way that allowed me to continue living my life stress-free. Knowing he had everything under control gave me such peace of mind. He was always available to answer my questions and made me feel like a priority every step of the way.
If you’re looking for a reliable, communicative, & skilled attorney, I wholeheartedly recommend John Herbig! He made a difficult situation so much easier to navigate, and I’m truly grateful for his work. Thank you John!
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