It is becoming increasingly common for people to own real estate in Texas while residing in another state, such as California. This can often cause complications when someone dies because each state has its own probate rules. If your loved one has passed away and had property or interests in Fort Bend County, you will need to go through ancillary administration in Sugar Land to deal with these assets, and a lawyer from Romano & Sumner can help you.
We understand that having to deal with another estate distribution process is a tall order, especially after going through the main one in the court where your loved one lived. Our team of estate administration attorneys is here to provide support and handle the legal aspects of the Texas courts so you can be with your family.
Probate is a state-level process, meaning there are different rules governing it depending on where the person lived at the time of their death. The challenge arises when someone passes away with assets within the borders of Texas, because these can only be transferred with an order from the courts of this state.
While not everything requires ancillary administration, there are several major categories that do. Some of the most common are:
The common denominator in these categories is that they all involve a deed or title to convey ownership. There are, however, some legal mechanisms that can avoid the need for another court hearing. One of these is joint ownership with a right of survivorship, where two people own equal interests in an asset, and when one of those owners dies, their share automatically passes to the surviving owner. Bank accounts can be designated as payable-on-death to a beneficiary. Vehicles and business interests can similarly be structured to pass automatically with a transfer-on-death clause.
If none of these apply, then the asset must go through a secondary probate process in Sugar Land. An attorney from Romano & Sumner can help individuals in other states manage their loved one’s assets in this state.
This supplemental estate distribution procedure is largely the same as a standard one in Sugar Land, with only a few additional steps. It begins with the executor filing a petition in the Fort Bend County court along with a certificate of the deceased’s death, a copy of the will, and the primary probate proceedings in the original state. If there is a will, the court must certify it as a foreign will. The court may schedule a hearing to clarify any ambiguities or resolve any disputes.
After the foreign will is validated, the court issues letters of testamentary, which authorize the executor to transfer the Texas assets. This involves updating deeds, changing titles, and other similar tasks. Just like in the primary probate, the executor must use the decedent’s assets to settle any outstanding debts and taxes before passing along anything to the beneficiaries.
Having to go through ancillary administration in Sugar Land can feel like a burden if you have already completed the primary probate. Our team of attorneys at Romano & Sumner can help you by handling the business of the Texas courts.
We understand that this is a difficult time for you and your family, and we will be by your side from start to finish. Contact us today for legal guidance.
Romano & Sumner, PLLC
