How do I start a probate?

UPDATED: Jun 22, 2012

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How do I start a probate?

I have been named the executor of my sister’s will and need to open an estate account at the bank for check that have come “in the estate of”. I do not live in the state where she lived.

Asked on June 22, 2012 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Being an out of state executor Texas has a specific rule that applies. The Texas rule is that an out-of-state representative must appoint a local agent to receive service of process.  The process for probate should be the same: fill out a Petition for admission of the Will to probate, serve proper notice and (maybe) post a bond. You can not open an estate account unless and until you have been appointed. I would obtain an attorney in the state in which your sister resided )and the local area as well) to help. Good luck.

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