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As an executor of a loved one’s or friend’s estate, you’ll need to deal with probate to some degree. However, if the deceased did some sound estate planning, that process should be relatively short and uncomplicated.

If they owned property outside of Texas, you might also need to deal with something called “ancillary probate.” Again, if the deceased has a detailed, well-thought-out estate plan, that property is listed, so it won’t be a surprise. The types of property that need to be dealt with in ancillary probate often include vacation homes and other real estate, business investments and bank accounts. A Texas probate court would have no jurisdiction over those assets.

Dealing with ancillary probate doesn’t have to be complicated

You may not even have to travel to the state where the assets are located. Typically, probate courts try to work with each other. Therefore, if the will and other estate plan documents are accepted by a Texas probate court (the domiciliary court), the other state’s court will likely accept them as well.

Just because there’s property in another state, that doesn’t mean it necessarily has to go through ancillary probate. The deceased may have taken steps to avoid that, such as placing it in a living trust or adding a family member as a co-owner or someone with the right of survivorship.

As you deal with administering an estate, particularly if it’s a complicated one, it’s wise to have sound legal guidance. This can help you save time and money and avoid added stress.