Weatherford, TX asked in Estate Planning and Probate for Texas

Q: My mother died in Tx and her executrix, my sister, lives in Ca. I live in Tx. How do we change me to the executor?

Mother's only property is checking and savings account in California and a checking account in Texas. My sister and I are a co-owners of the California account and I'm the principal owner of the Texas account. Total value is under $70,000.

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1 Lawyer Answer

A: I notice you refer to your sister as executrix. Is this based on the writing of the Will or did you go through probate? A Will has no legal effect until it has been deemed to comply with all the laws of the state, typically by going through probate. If your sister was appointed by a probate court in Texas, she is required to name a resident agent, who is someone who will accept service of a lawsuit upon the estate and resides within the state of Texas. If you have not been to probate, then most likely in Texas, even though the will may provide that duty to your sister, the probate court would likely allow you to take her place to avoid the need for your sister to provide a local agent if she consents as well.

My guess is that you have not gone to probate. If not, the answer is different. If you are the only owner of the account in Texas and you and your sister are co-owners of the account in California, there would not generally be a need to go through probate. You can use the Will as a guideline for your mother's wishes as to a split of the property and can simply split the funds up as directed.

Probate is typically only required when accounts or property are left in the decedent's name only. After going through probate the court confirmed executor/executrix has letters granting that person powers to reach bank accounts and remove funds and to deed property owned by the decedent to other parties consistent with the Will. I hope this answers your question.

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