Full question:
My mother died intestate in Ruidoso, NM, where she lived. She owens a small tract of property in Callahan Co., TX with a value less than $50,000. Where should we file a Small Estate Affidavit? Or can I file the affidavit in my county of residence?
- Category: Wills and Estates
- Subcategory: Small Estates Affidavit Law
- Date:
- State: Texas
Answer:
Typically, the estate of a deceased person is probated in the county where they lived at the time of death. However, real property located in another state, like Texas in this case, may need to be probated there. If a will was probated in New Mexico, it could potentially be used to transfer property in Texas. Certain types of property, such as those owned jointly or held in trust, may bypass the probate process altogether.
To transfer the title of the property in Texas, it's advisable to contact the land recorder's office in Callahan County to find out what documentation is needed, as requirements can vary by county. Generally, a death certificate is required.
Refer to Texas statutes regarding foreign wills:
§ 96 PROB. CODE allows for a duly probated will from another state to be recorded in Texas deed records without further proof.
§ 98 PROB. CODE states that such recorded wills take effect as a deed of conveyance for the property in Texas.
In New Mexico, the venue for probate proceedings is typically where the decedent was domiciled at death (N.M. Stat. § 45-3-201). If your mother was not domiciled in New Mexico, the proceedings could occur in any county where her property was located.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.