top of page

Foreign Wills can be Probated in Texas

  • Writer: Paul Premack
    Paul Premack
  • Sep 17, 2010
  • 1 min read

Dear Mr. Premack: The deceased was a resident of South Dakota, and owned property in there and in Texas. The will was probated in South Dakota. Does the executrix have to file probate in Texas to cover the property in Texas? – JJPN

Under Texas law, in this situation her South Dakota Will is referred to as a “foreign Will”. It can be admitted to probate in Texas by filing an authenticated copy of the South Dakota proceedings with the Texas probate court. When properly filed, it is deemed admitted to probate in Texas without even having a court hearing. The foreign Will is then effective to pass title to the Texas real property. If you don’t need letters testamentary in Texas, then the authenticated copy of the South Dakota probate can be filed directly into the deed records in the county where the Texas land sits, and title is conveyed as set out in that probated Will.

Paul Premack is a Certified Elder Law Attorney and a Five Star Wealth Manager (Texas Monthly Magazine 2009-2013) practicing estate planning and probate law in San Antonio.

Original Publication: San Antonio Express News, September 17, 2010

Comments


Paul Premack is a Certified Elder Law Attorney (CELA®) through the National Elder Law Foundation, with decades of experience helping individuals and families navigate estate planning and elder law. Licensed in both Texas and Washington, Paul advises clients on Estate Planning, Wills, Living Trusts, Durable Powers of Attorney, Medical Powers of Attorney, and Probate (probate limited to Bexar County, Texas at this time). Clients value Paul’s clear, practical communication — he takes time to explain options in plain language, answers questions directly, and keeps matters moving with steady follow-through. Known for his dedication and responsiveness, Paul works to be available when clients need guidance and reassurance. He previously served as President of the Texas Chapter of the National Academy of Elder Law Attorneys (NAELA) and remains an active NAELA member. Beginning in 1989, Paul also wrote a legal column for Hearst Newspapers around the USA. We have offices in San Antonio, Texas and Olympia, Washington. All our consultations are handled via Zoom or telephone so you never have to leave home to work with Paul Premack. Paul is also associated as Of Counsel with Premack Rogers Downs PC to handle their estate planning clients.

 

DISCLAIMER: The fact that you read this website does not make you our client nor us your attorneys. The material and information on this website and associated blog/columns is provided for informational purposes and is not legal advice. This site does not create an attorney-client relationship between the attorney and the users of this site. Visitors to this site should consult a licensed attorney before taking any legal action. To review our Privacy Policy, click here. Accessibility Statement.

Texas: (210) 826-1122   Washington: (206) 905-1122   
All calls to our office go to Voicemail

  • facebook
  • twitter
  • Mysa%2520icon_edited_edited
  • YouTube
  • LinkedIn

© 2026 by The Premack Law Office
Paul Premack, Attorney at Law

bottom of page