Texas Ancillary Probate Attorney Addressing Unique Family Concerns
Discovering that your loved one owns assets in Texas can be surprising. Fortunately, Texas law offers pathways to address this matter. Attorney Traci Hutton is a dependable probate attorney who is familiar with the nuanced standards of ancillary probate, and she is ready to be your local legal guide.
With over 25 years of experience, she created Traci Hutton, Attorney At Law, from the ground up and has dedicated herself to helping families. When you work with her, she will make time to address your concerns and give you the level of attention you deserve.
The Basics Of Ancillary Probate In Texas
Ancillary probate is necessary when an out-of-state decedent passes away while owning property in Texas. Such property can include vacation homes, ranches, land, surface rights and gas royalties. The ancillary probate process manages and facilitates the transfer of these out-of-state assets.
How Ancillary Probate Works According To Texas Law
If the courts probated the will in the decedent’s home state, the process is streamlined by filing an authenticated copy of those proceedings. However, if the will was probated in a state where the decedent did not reside, you must submit a full Texas probate application. This application must explicitly list the names and addresses of all named devisees and any legal heirs who would inherit under Texas law if no will existed.
Regardless of the pathway you take, attaching court-authenticated copies of the out-of-state will and its approved court order is essential. These documents should have the clerk’s signature, the judge’s certification and the official seal.
Can You Avoid Ancillary Probate In Texas?
Ancillary probate is avoidable, provided that the decedent executed proactive estate planning while they were alive. Creating a revocable living trust and transferring title to the Texas property into the trust during the owner’s lifetime allows the property to pass to beneficiaries upon death without triggering ancillary probate. Another way is to draft a transfer on death deed, which lets you pass on land or a house without a will.
Learn More About Ancillary Probate With Attorney Traci Hutton
A knowledgeable ancillary probate lawyer is what you need to navigate Texas laws, especially when you are from a different state. Attorney Traci Hutton is the local advocate who can guide you through the process. Contact the firm at 817-778-4543 or submit an online form to schedule a free consultation with her.