Wills

Probating a Will

Where Should A Will Be Probated In Texas?

by Rania Combs

According to Section 33.001 of the Texas Estates Code, a will should be admitted to probate in the Texas county where the decedent was domiciled or had a fixed place of residence.

If the decedent was not domiciled in Texas and had no fixed place of residence in this state, the proper venue depends on where he or she died:

  1. For those who die in Texas, the will should be probated either in the county where his principal estate was at the time of his death or in the county where he died.
  2. For those who die outside of Texas, the will should be probated in a Texas county where the decedent’s nearest relatives reside, or if no relatives reside in Texas, then in the county where the decedent’s principal estate was situated at the time or his or her death.

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