If a person dies while a resident of one state but the executor of the Will is a resident of another, in which state does the will have to be probated?

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If a person dies while a resident of one state but the executor of the Will is a resident of another, in which state does the will have to be probated?

Asked on October 25, 2012 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Probate rules are set out by the rules of the state where the person dies.  In Texas, a probate must be filed in the county of where the person was a residence at the time of their death.  This seems pretty simple-- but it can be complicated when someone is in Texas for a limited purpose like employment or medical treatment.  If the person intended to make a home in the county where they resided and eventually passed-- then the probate should be filed there.  If the person was only in the county to receive medical treatment before returning home, but died before they could return to their home, then the probate would need to be filed in the county of their residence, not their place of death.

The location of the executor is not controlling when deciding where the probate should be filed.


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