Which County is an Estate Probated In?
The Texas Probate Code determines where to file your probate case. You may be prevented by law from filing the case in Montgomery County even if that is where you would want to file it. The rules are:
- If the deceased person resided in Montgomery County, then the estate will be administered in the Montgomery County Probate Court;
- If the deceased person did not have a domicile or fixed place of residence in Texas but died in Texas, then the estate will be administered either in the county where his principal property was at the time of his death, or in the county where he died.
- If the deceased did not have a domicile or fixed place of residence in Texas, and died outside of Texas, then in any county in Texas where his nearest of kin reside. But if the deceased had no kindred in Texas, then in the county where his principal estate was situated at the time of his death.
- In the county where the person applying for probate resides, when administration is for the purpose only of receiving funds or money due to a deceased person or his estate from any governmental source or agency.
Contact The Woodlands Probate Attorney at (832) 592-7913 if you need help administering a probate estate anywhere in Montgomery County.