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Venue To Probate Will To Open Estate Administration

Venue To Probate Will To Open Estate Administration. Domiciled or fixed residence in Texas. County where deceased resided at time of death. PC § 6; EC § 33.001(1). Not Domiciled or fixed residence in Texas but died in Texas. County where deceased owned principal estate, or

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Venue To Probate Will To Open Estate Administration

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  1. VenueTo Probate WillTo Open Estate Administration

  2. Domiciled or fixed residence in Texas • County where deceased resided at time of death. • PC § 6; EC § 33.001(1)

  3. Not Domiciled or fixed residence in Texas but died in Texas • County where deceased owned principal estate, or • County in which deceased died. • PC § 6; EC § 33.001(2) • Priority to first filed when concurrent venuePC § 8; EC § 33.052

  4. Not Domiciled or fixed residence in Texas and died outside of Texas • If next of kin in Texas, county where nearest next of kin reside. • If no next of kin in Texas, county where principal estate is located. • PC § 6; EC § 33.001(2)

  5. Gonzalez v. Reliant Energy • Texas Supreme Court 2005 • Civil Practice & Remedies Code § 15.007 venue rules for personal injury or death trump those in Probate Code. • Result codified – PC §§ 5A & 5B; EC § 33.003

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