Austin, TX asked in Probate and Real Estate Law for Texas

Q: Am I absolutely obligated to file an ancillary probate? My mother died in Minnesota and we share the deed in Texas.

Her Will specifically leaves this house to me and includes the legal property description. I have certified copies, stamped and filed of her Will as well as the Order of Formal Probate. As she died in Minnesota and the house in question is in Texas, it was my understanding I would have to apply for an Ancillary Probate to have her name removed from the deed.

I have talked to two different attorneys here in Texas. One attorney wants to charge me $800.00 to complete the Ancillary probate that will remove her name from the deed. The other attorney explained a more simple and much less expensive option. He suggested I take the certified copies of her Will and Order of Formal Probate to the county clerk in Williamson County to be recorded within the real estate records. Should I ever want to sell the property the Will and Order of Probate will be available. I hope the 2nd choice is acceptable?

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: The 2nd choice is generally acceptable; however, you are usually required to obtain "exemplified" copies of the probate proceeding which go beyond just being certified.

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