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TX.. Domicile vs. Residence?

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carlatafish

Junior Member
What is the name of your state? Texas
I am the executor of my sister's estate.

I would like to move the probate hearing to a county that is more convenient for me.
Facts: She owned a home and office/business in Bexar county. Claimed homestead, voter registration, drivers license, etc in Bexar.

She also owned a home and some property in Dallas County.

Tax statements for Dallas county home/property were sent to residence in Bexar county.
Although the value of the homes/property in both counties exceed one million each, the Bexar county assests are worth more.

But I would really like to try to probate this thing in my home county (Dallas) as it would be so much easier and, she did own considerable property here.

What are my chances?
 


Dandy Don

Senior Member
At some point you will need to hire a probate attorney's assistance for advice/consultation, and he/she can tell you how to accomplish probate in one or both counties. It is normally done in the county where the decedent died, but since property is involved it can also be done in Bexar and the attorney can tell you how it is done.
 

millerwp

Junior Member
TX Probate Code Section 6 Requires Mandetory Venue

The probate code requires mandetory venue for probate matters. Such venue is proper generally where the decedent was domiciled. Therefore, you must determine this county. Domicile is defined by a fixed residence with the intent to make such residence your permenant home.
 

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