Legal Question in Wills and Trusts in Texas
What is ancillary probate?
2/25/03
Hello (and I'm thanking you in advance for your help):
My father, a native of Tx until '40's relocated to Florida until his death a few years ago. While a Floridian,he inherited land in his native state(TX)with no problem. Upon his death his estate was probated in Fl.naming his Tx family land parcel. While alive he added his children's names to title which the company involved now claim there is no record. After 6yrs,of paying nominal lease payments,this company is withholding payments because they now say they/and/or Tx. does not recognize a ''Foreign Administrator and Foreign Probate'' without ancillary probate proceedings filed and held in Texas.
How can I receive and file the proper forms online(on a lawform.com search there was no such thing as Ancillary Probate Forms) and/or must I travel there to get this underway?
Thx,
P.
3 Answers from Attorneys
Re: What is ancillary probate?
Suggest you use a local Texas attorney to file the appropriate petiton.
Re: What is ancillary probate?
You need to get a certified copy of the judgment entering the will in probate, a certified copy of the will itself, and a Congressional Certification from your probate clerk for entering the Florida judgment in a sister state under the Uniform Enforcement of Foreign Judgments Act (sometimes called a three-part affidavit). That is then sent to a Texas lawyer in the county where the property is located for entry of a sister-state judgment in the probate court of that county. The judgment then has the full force and effect as if it was a Texas judgment to begin with.
That is ancillary probate. That is also something you really can't do yourself without a very steep learning curve.
Re: What is ancillary probate?
Find a lawyer in the county where the real estate is situated.
http://www.reasonable-doubt.com
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