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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

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Paul Premack is Certified as an Elder Law Attorney (CELA®) by the National Elder Law Foundation. He served as President of the Texas Chapter of the National Academy of Elder Law Attorneys (NAELA) and is a member of NAELA. He is licensed to practice law in Texas and Washington and handles Estate Planning, Probate (Probate limited to Bexar County, TX at this time), Wills, Living Trusts, Durable Powers of Attorney, Medical Powers of Attorney, and Elder Law in Texas and in Washington State. Beginning in 1989 Premack wrote the legal column for Hearst Newspapers around the USA. We have offices in San Antonio, Texas and in Olympia, Washington.

 

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