Is it legal for an executor to file a Will for probate in a county other than where the decedent resided?
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Is it legal for an executor to file a Will for probate in a county other than where the decedent resided?
I know of a case in which the executor swore in an affadavit, untruthfully, that the decedent passed away in the executor’s home county.
Asked on April 10, 2015 under Estate Planning, Texas
Answers:
Gregory Abbott / Consumer Law Northwest
Answered 9 years ago | Contributor
In most, if not all, States, a will is probated in the County where the deceased resided at the time of death, not necessarily where they happened to be when they died. A probate may also be filed in any County where the deceased owned real property. If neither of these applies and the executor truly is lying to the court, you may wish to review it all with a probate attorney and file the appropriate documents with the court so that it is informed and can decide what it wishes to do.
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