Legal Question in Wills and Trusts in Texas
Selection of the State to handle Probate
A family member who had lived in Texas for the last three years died in Texas on a trip. He was born and had spent most of his life in Indiana and owned a house in Indiana. He didn't own any property in Texas. He probably didn't have a will. His sister is the logical choice to handle his estate since he was never married. He has three known children out of wedlock. His sister believes the estate should be divided among the three. Probably State law would govern how the estate would be divided, but which state? The sister lives in Indiana.
2 Answers from Attorneys
Re: Selection of the State to handle Probate
The probate should occur in the county of residence at the time of death. From your question, I think he resided in Texas at the time of death. Therefore, probate would be in Texas. The good news is that probating a will in Texas is usually much easier and less expensive than other states.
Re: Selection of the State to handle Probate
Probate should take place where the decedent resided. From what you have said, he probably resided in Texas since he lived in Texas during the last three years. The county where he lived would be the place for probate.
If he did not have a will, someone will need to file an Application To Determine Heirship, so that a judicial determination can be made as to who his proper heirs are.
His sister would be correct, under Texas law, as to the distribution of the estate.
Then the Texas judgment would have to be filed in Indiana in order to transfer the real estate into the heirs' possession.
Texas law, fortunately, simplifies the probate procedure.
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