Is it legal for an executor to file a Will for probate in a county other than where the decedent resided?

UPDATED: Apr 10, 2015

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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


Gregory Abbott / Consumer Law Northwest

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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