Legal Question in Wills and Trusts in Texas

My Dad just passed away, I am the executor, I live in Colorado and he was in Texas. Do I have to have the will probated? Can I be the executor even tho I am in Colorado? I am one of the beneficiares also.


Asked on 5/07/12, 4:12 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

I'm sorry to hear about your dad. To answer your question, yes, you can probate his will, even though you are in Colorado. I do this for out of state clients. You just have to file an extra document in the court, appointing a local agent (typically the attorney) who resides in Texas. There is no additional cost to do this.

As for whether or not the will needs to be probated, or which probate mechanism to use, those answers depend on the specific facts of the estate. Specifically, I would need to know the estate's assets and liabilities. This would also determine the cost and time involved to complete the process.

Many probate attorneys (myself included) will discuss the matter with you for free over the phone in order to determine the cost to proceed.

Dave

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Answered on 5/07/12, 6:05 am


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