Legal Question in Wills and Trusts in Texas

Re: Texas probate filing question

Could be that the lawyer is not aware of this "little use provision of Texas law". Tell him to look it up. I always listen to my clients. Sometimes they're right - sometimes they're not.

Re: Texas probate filing question

Texas Law provides that venue (where the case must be filed)

First in the county where the deceased resided if he had a domicile or fixed place of residence in the state.

Next if no domicile, but died in this state, then either in the county where his principal property is or in the county where he died.

Next if no domicile and died outside the state, then where next of kin reside

next, if no kin, then where his principal estate was situated in texas

Finally if none of the above, where the applicant resides.

Been the smae since about 1956

Re: Texas probate filing question

Below is the statute. If the decedent is a resident of Texas, it appears that some travelling from Austin is in order, unless he gets a Dallas lawyer to avoid the wasted time for travelling -- Or more logically, he can simply retain a Dallas lawyer as co-counsel to attend the probate hearing in Dallas.

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TEXAS PROBATE CODE

Wills shall be admitted to probate, and letters testamentary or of administration shall be granted:

(a) In the county where the deceased resided, if he had a domicile or fixed place of residence in this State.

(b) If the deceased had no domicile or fixed place of residence in this State but died in this State, then either in the county where his principal property was at the time of his death, or in the county where he died.

(c) If he had no domicile or fixed place of residence in this State, and died outside the limits of this State, then in any county in this State where his nearest of kin reside.

(d) But if he had no kindred in this State, then in the county where his principal estate was situated at the time of his death.

(e) In the county where the applicant resides, when administration is for the purpose only of receiving funds or money due to a deceased person or his estate from any governmental source or agency; provided, that unless the mother or father or spouse or adult child of the deceased is applicant, citation shall be served personally on the living parents and spouses and adult children, if any, of the deceased person, or upon those who are alive and whose addresses are known to the applicant.