When a non-Texas resident who owned property in the State of Texas dies out of state with a valid out-of-state will, the Executor will need to take the proper steps to take possession of and distribute the Texas property.

While the Executor can usually take possession of personal items and distribute them accordingly, he or she will have to satisfy certain legal requirements in order to take possession of real property, boats, autos, bank accounts, stocks and the like.

There are legal processes that can be taken to probate a foreign will. ("Foreign Will" means a will from somewhere outside of Texas- either another state or another country.)

First of all, the will must be valid in its own jurisdiction, under the laws of that state or nation. If it has already been to probate court in the other state/nation, then there is a procedure which may allow the existing court orders to be registered in the appropriate probate court in Texas.

Depending on the facts, it may be necessary to get additional court orders or copies from the original jurisdiction and file those with the Texas Judge.

In some cases, probate paperwork from the other jurisdiction can be used to transfer real estate or financial assets, without having to file anything in a Texas Probate court.

Situations vary quite a bit, depending on the other jurisdiction, the language of the will itself, the property that needs to be transferred, and other particular facts of the case.

An Executor should not hesitate to seek a legal consult early in the process so that his/her efforts in both the original jurisdiction and in Texas are coordinated and organized.