What is ancillary probate? | Law Offices of David L. Leon, PC | Law Offices of David L. Leon, PC What is ancillary probate? | Law Offices of David L. Leon, PC
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What is ancillary probate?

Probate actions in Texas can only effect title to property within the Texas borders. In order to collect property outside Texas, an additional probate proceeding must be done in an appropriate court located in that state.

For example, let’s suppose that you have a person who died in Texas, but had property in Oklahoma. If you instituted a Texas probate action in Texas court, the Texas probate court would not have jurisdiction over the Oklahoma property. In order to access the Oklahoma property, you would need to file an action in probate court in Oklahoma. This secondary action is referred to as “ancillary probate”.

Please Contact Us if you have an ancillary probate matter you would like to discuss.

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