San Antonio, TX asked in Estate Planning for Texas

Q: If someone opens an bank acct. In ala, then transfer it to tx where he died does probate have to be filed in ala.

He lived in tx for more then five years before he died

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: No. Probate occurs where the person died. If the person held real estate elsewhere, there may be a second probate in that state.

Tammy L. Wincott agrees with this answer

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Probate has to be filed where the person died. If there are assets in another State then an "Ancillary" probate may be done if necessary. Consult with a probate attorney in your area for specific advice.

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