Ancillary Administration

Handling Out-of-State Estates With Texas Property

When someone passes away owning property in more than one state, the probate process becomes more complex. Even if the primary probate proceeding is happening in the state where the person lived, Texas law typically requires a separate probate step—called ancillary administration—to transfer Texas-based property.

At McCulloch & Miller, PLLC, we assist families across Austin, Houston, Dallas, and throughout Texas with every aspect of ancillary probate. We work with families and out-of-state attorneys to ensure Texas property is transferred properly, efficiently, and in full compliance with the Texas Estates Code.

What Is Ancillary Administration?

Ancillary administration is a secondary probate proceeding opened in Texas when a decedent lived elsewhere but owned property located within Texas. The Texas probate court cannot rely solely on an out-of-state probate order to transfer real estate or certain types of Texas-based assets.

Common examples that require Texas ancillary probate include:

• A home, ranch, or lot located in Texas
• Minerals, royalties, and oil and gas interests
• Bank or investment accounts held in Texas
• Membership interests in Texas LLCs or business entities
• Any property titled solely in the decedent’s name within Texas

Even when an estate is fully administered in another state, ancillary administration is typically needed to update title records, satisfy legal requirements, and give beneficiaries clear ownership rights.

Why Ancillary Administration Matters

Texas courts must ensure that property located in this state is transferred according to Texas law. Without ancillary administration:

• Real estate cannot be sold or transferred,
• Mineral rights cannot be retitled or assigned,
• Financial institutions may refuse to release funds, and
• Title companies will not insure transactions.

Ancillary probate ensures that property is lawfully transferred and that the chain of title remains secure for future sales or inheritance.

How Ancillary Administration Works in Texas

Texas offers several probate pathways for handling out-of-state estates. The right approach depends on whether the decedent left a will, the existence of creditors, and the level of administration needed.

1. Probate of a Foreign Will in Texas

If a will has already been admitted to probate in another state (the “domiciliary” state), the Texas Estates Code allows the personal representative to file:

• An authenticated copy of the will,
• The order admitting the will to probate, and
• Letters issued by the domiciliary probate court.

Once these documents are filed and recognized, the Texas court may authorize the representative to act as if the will were originally probated in Texas.

2. Muniment of Title Based on a Foreign Will

In some cases, if the estate has no unpaid unsecured debts, the Texas probate court may admit the foreign will to probate as a muniment of title. This procedure allows the will itself to serve as evidence of the beneficiaries’ ownership rights to Texas property, without the need to open a full administration.

This is often used when:

• The will is valid and uncontested,
• The only task is transferring title to Texas real property, and
• No ongoing administration is required.

3. Opening a Texas Independent or Dependent Administration

In situations where Texas assets need to be managed—such as when debts must be paid, assets must be collected, or property must be sold—a Texas court may require a full probate administration.

The court may appoint:

• An independent administrator, or
• A dependent administrator, if court oversight is needed.

This occurs when the Texas portion of the estate requires active management beyond simple title transfer.

Required Documents for Texas Ancillary Probate

When handling ancillary administration, the Texas probate court typically requires:

• A certified or exemplified copy of the foreign will
• The foreign court’s order admitting the will to probate
• Letters issued to the domiciliary executor
• A death certificate
• A description of the Texas property requiring probate
• Information identifying heirs and beneficiaries

At McCulloch & Miller, PLLC, we help families and out-of-state counsel gather and prepare the necessary documents so filings proceed smoothly.

Coordinating With Out-of-State Attorneys

Ancillary administration almost always requires collaboration between Texas counsel and the attorney handling the primary probate. We routinely work with attorneys across the country to:

• Ensure all filings comply with Texas legal requirements
• Align timelines between the primary and ancillary probate processes
• Resolve any differences between the states’ probate laws
• Provide the Texas court with the proper documentation

Our goal is to make the Texas portion of the estate administration as efficient and predictable as possible.

Texans With Property in Other States

The issue also arises in reverse: a Texas resident may pass away while owning property in another state. In that scenario, the primary probate starts in Texas, but the other state may require its own ancillary proceeding to transfer title.

We help families by:

• Managing the Texas probate,
• Identifying where ancillary probate is required,
• Coordinating with local counsel outside Texas, and
• Ensuring consistency across multiple jurisdictions.

Multi-state estates can become complicated quickly; having coordinated legal guidance helps prevent title issues and delays.

How to Minimize the Need for Future Ancillary Probate

While ancillary probate is often unavoidable, especially with out-of-state real property, careful planning can reduce the need for multiple court proceedings. Texas families often consider:

• Using a revocable living trust to hold multi-state real estate
• Titling assets properly during life
• Converting certain property into entity ownership (such as an LLC)
• Keeping beneficiary designations up to date

We advise clients on strategies tailored to their goals and the nature of their property holdings.

Work With a Texas Probate Firm Experienced in Ancillary Administration

Ancillary administration requires precise filings, coordination between states, and understanding of Texas-specific probate rules. At McCulloch & Miller, PLLC, we handle these cases every day and guide families through every stage with efficiency and care.

Whether your loved one lived outside Texas but owned property here, or you are a Texan dealing with property elsewhere, we can help ensure the estate is administered correctly.

Call McCulloch & Miller, PLLC at (713) 333-8900 to schedule a consultation with a Texas probate attorney experienced in ancillary probate administration.