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Published byDominic Nicholson Modified over 9 years ago
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Probate Code §§ 95-107 Estates Code Subtitle K, Chapters 501-505
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The situation: Non-Texas domiciliary Non-Texas will Will properly admitted in another state or country Options: Muniment of title Ancillary administration
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1. Will probated in decedent’s domiciliary jurisdiction at death Will does not need to meet Texas requirements.
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1. Will probated in decedent’s domiciliary jurisdiction at death Will does not need to meet Texas requirements. No court order needed.
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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.
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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.
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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.
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2. Will probated in non-domiciliary jurisdiction More complicated procedure and application But, no court order needed if not contested.
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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.
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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.
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3. Ancillary administration Leggett (p. 238)
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1. Neither admitted nor rejected Original probate in Texas just like domestic will.
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2. Rejected in domiciliary jurisdiction Conclusive in Texas unless ground for rejection would not have been a valid rejection ground under Texas law. ▪ Examples?
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Must meet all Texas requirements. Texas does not have a savings statute. Practical advice =
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