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 Probate Code §§ 95-107  Estates Code Subtitle K, Chapters 501-505.

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Presentation on theme: " Probate Code §§ 95-107  Estates Code Subtitle K, Chapters 501-505."— Presentation transcript:

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2  Probate Code §§  Estates Code Subtitle K, Chapters

3  The situation:  Non-Texas domiciliary  Non-Texas will  Will properly admitted in another state or country  Options:  Muniment of title  Ancillary administration

4  1. Will probated in decedent’s domiciliary jurisdiction at death  Will does not need to meet Texas requirements.

5  1. Will probated in decedent’s domiciliary jurisdiction at death  Will does not need to meet Texas requirements.  No court order needed.

6  1. Will probated in decedent’s domiciliary jurisdiction at death  Will does not need to meet Texas requirements.  No court order needed.  No citation needed.

7  1. Will probated in decedent’s domiciliary jurisdiction at death  Will does not need to meet Texas requirements.  No court order needed.  No citation needed.  File will and certified copy of order admitting it to probate.

8  1. Will probated in decedent’s domiciliary jurisdiction at death  Ability to contest limited to: ▪ Foreign proceedings not properly authenticated. ▪ Will previously rejected in Texas. ▪ Will set aside in domiciliary jurisdiction.

9  2. Will probated in non-domiciliary jurisdiction  More complicated procedure and application  But, no court order needed if not contested.

10  2. Will probated in non-domiciliary jurisdiction  More complicated procedure and application  But, no court order needed if not contested.  Citation by registered or certified mail on all beneficiaries and heirs.

11  2. Will probated in non-domiciliary jurisdiction  More complicated procedure and application  But, no court order needed if not contested.  Citation by registered or certified mail on all beneficiaries and heirs.  Contest on any ground that would be a ground under Texas law.

12  3. Ancillary administration  Leggett (p. 238)

13  1. Neither admitted nor rejected  Original probate in Texas just like domestic will.

14  2. Rejected in domiciliary jurisdiction  Conclusive in Texas unless ground for rejection would not have been a valid rejection ground under Texas law. ▪ Examples?

15  Must meet all Texas requirements.  Texas does not have a savings statute.  Practical advice =


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