Legal Question in Wills and Trusts in Texas

Legal Residency For Filing Probate

What constitutes Legal Residency when deciding where to file probate? The decedent died while in a nursing home in Texas (she was there less than 3 months) but the only property (a checking account) is held in a Florida bank where she was a long term resident. The will was also filed in Florida. Do we file probate in Texas or Florida?


Asked on 6/10/04, 10:30 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Legal Residency For Filing Probate

Florida. Must you probate just for a bank account?

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Answered on 6/10/04, 11:00 am
Kelly Henderson

Re: Legal Residency For Filing Probate

If you have assets in Florida then you need to file probate in Florida. Before you do that it would be best to check if the bank account had a beneficiary or any rights of survivorship attached that might allow you to avoid probate.

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Answered on 6/10/04, 11:02 am
Peter Bradie Bradie, Bradie & Bradie

Re: Legal Residency For Filing Probate

Both states may have jurisdiction, but why file in Texas? If she intended to return to Florida, then she remained a Florida resident.

Is the bank account worth the cost of probate? Might it be 'payable on death', or 'right of survivorship' where it would pass without probate?

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Answered on 6/10/04, 11:06 am


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