What happens to out-of-state property? Depending on the type and location of the property, a family may need to navigate probate proceedings in more than one state.
Understanding how out-of-state property is handled can help families prepare for potential complications during the probate process.
Does Texas Probate Cover Property in Other States?
Generally, a Texas probate proceeding can address personal property, such as bank accounts, even when those assets are located outside Texas. However, Texas probate does not automatically transfer ownership of real estate located in another state.
For example, if a Texas resident passes away owning a vacation home in Florida, additional legal steps may be necessary in Florida to transfer ownership of that property.
Will There Be Multiple Probate Proceedings?
When someone owns real estate in multiple states, their estate may require more than one probate proceeding. This is commonly referred to as ancillary probate.
Each state has its own laws governing how property is transferred after death. Depending on those laws, the process may involve a separate probate proceeding or a simpler procedure to recognize an existing probate.
What If the Original Probate Took Place Outside Texas?
Texas offers a simplified procedure in certain circumstances when someone has already been through probate in another state.
For example, authenticated copies of an out-of-state probate proceeding may be filed in Texas real property records to help establish ownership and clear title to Texas real estate without opening a separate Texas probate administration.
Planning Ahead for Out-of-State Property
Owning real estate in multiple states can create additional steps for loved ones after death. Because probate requirements vary by state, it is important to understand how each property will be handled.
At Texas Trust Law, our attorneys help families navigate the Texas probate process and understand the legal considerations involved in administering an estate. If you would like to learn more about managing out-of-state-property, please watch the short video below, or visit one of our previous probate videos.
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This information is NOT intended to be used as legal or tax advice, nor does it establish an attorney-client relationship with Texas Trust Law or any of its attorneys. Please contact your own appropriate advisors to discuss the benefits and effects of any particular legal, charitable & tax strategy.