Steps to file a Probate

[itour]

What is the name of your state (only U.S. law)? Texas

The is a will. My step mother is the Executor. She just lost her Social Security Income when my dad passed away. She says that she is not eligible for Social Security until she turns 60.

My dad owned property in 2 states. New Mexico being the 2nd(raw land). Both are solely in my dad's name. The reason for Probate. Neither property is worth much. His and her debts exceed the value of his properties.

There are 4 adult children. Each kid had to incur debt to pay for his funeral. None are contesting that she be allowed to take title and she be allowed to sell the properties. Since she has no income and can not afford an attorney. What steps should she take to file probate? Does she need to file in both states?

Thank you in advance.

 

[Farfalla]

What is the name of your state (only U.S. law)? Texas

The is a will. My step mother is the Executor. She just lost her Social Security Income when my dad passed away. She says that she is not eligible for Social Security until she turns 60.

My dad owned property in 2 states. New Mexico being the 2nd(raw land). Both are solely in my dad's name. The reason for Probate. Neither property is worth much. His and her debts exceed the value of his properties.

There are 4 adult children. Each kid had to incur debt to pay for his funeral. None are contesting that she be allowed to take title and she be allowed to sell the properties. Since she has no income and can not afford an attorney. What steps should she take to file probate? Does she need to file in both states?

Thank you in advance.

She only needs to file in the Texas. Generally funeral costs can are paid out of the estate. So that can be taken care of in probate.

If you go to amazon.com they have some good books about how to file probate and what to do. Perhaps you can find one that is specific to your state. There is a lot of info on the internet too.

I'I'm sure that others will be along to give you more input.

 

[Texas Pooh]

Step-mother can call the State Bar in Texas, which will provide referrals for low cost legal aid assistance. If you or step-mom are located in a major city (Dallas, Houston, etc.) there are bar associations in those cities that provide assistance, and the law schools have clinics, too.

Probate in Texas is pretty simple - try calling a few probate lawyers and get some estimates. If the will is straightforward, and there won't be a contest, it may not be as costly as you think. There should be enough money from the sale of the land to cover the costs.

Good luck.

 

[tranquility]

She only needs to file in the Texas.

While I haven't looked up the New Mexico statute, many states require a non-resident owner of real property with a situs in the state to file ancillary probate in that state. Are you *sure* they only need file in Texas?

 

[Farfalla]

New Mexico: When an out of state Proof of Authority
If an out-of-state decedent owned real or personal property that needs New Mexico authority to transfer, a foreign personal representative or attorney can use a proof of authority, pursuant to Section 45-4-204. Requirements to use a proof of authority are:

Personal representative appointed in another state.
Need for transfer of real or personal property in New Mexico.
The personal representative from other state files in the court in the county where the property is located:

authenticated copies of his appointment and of any bond he has given, and
a statement of the domiciliary foreign personal representative's address.
The probate judge does NOT issue letters in a Proof of Authority case! A Proof of Authority may not be sufficient for some title companies. If it fails to provide the authority needed for the transaction, then an ancillary proceeding can be used. Charts outlining the procedures to use for out-of-state decedents and the differences between Proof of Authority and Ancillary administrations are at the end of this section of the manual.

 

[Farfalla]

In most cases "proof of authority" is all that is required.

New Mexico: Out of state deceased with property in New Mexico and probate is open in a state other than NM.


If an out-of-state decedent owned real or personal property that needs New Mexico authority to transfer, a foreign personal representative or attorney can use a proof of authority, pursuant to Section 45-4-204. Requirements to use a proof of authority are:

Personal representative appointed in another state.
Need for transfer of real or personal property in New Mexico.
The personal representative from other state files in the court in the county where the property is located:

authenticated copies of his appointment and of any bond he has given, and
a statement of the domiciliary foreign personal representative's address.
The probate judge does NOT issue letters in a Proof of Authority case! A Proof of Authority may not be sufficient for some title companies. If it fails to provide the authority needed for the transaction, then an ancillary proceeding can be used. Charts outlining the procedures to use for out-of-state decedents and the differences between Proof of Authority and Ancillary administrations are at the end of this section of the manual.

Probate Judges Handbook - Section 13