Texas Inheritance with an Out-of-State Will

What can I do in Texas with a copy of an unprobated, out-of-state will from my deceased aunt leaving her entire estate to her brother, my also-deceased father, to enable me to claim an inherited royalty interest in Karnes County, TX? I hired an attorney who filed the royalty deed, my copy of her will, and my heirship affidavits with the Karnes County clerk’s office, but I have hit a roadblock with “authenticating” the out-of-state will. I’ve been told that Texas requires that the will be authenticated in the county where she lived when she died. So, I then hired an attorney in that state to take the will to probate, but that’s proving to be a problem because I’m old, infirmed, and not physically able to travel to the state in question to attend a court proceeding to validate the will and they are a small court and don’t do virtual proceedings. Is there any way around this? There is no property in the other state, so I’m only having to deal with them because Texas requires an authenticated will. There must be a way to move forward in Texas – this can’t possibly be the only case where attending a court proceeding across the country is made impossible by age and physical limitations. I don’t know where to turn now and really need some guidance.

Maybe I am just simple minded, If you have an attorney in the county you need, then maybe a notarized statement from you that states who you are and instructing said attorney to do this locally in the county is all you need? Make sure it includes only the Interest that you have that he needs to vouch for you. Just a guess!!! MK :slight_smile:

The original will should have been probated by the executor in a timely manner in the state and county where the deceased lived. Some states have time limits for probate. Having only a copy of a will, rather than an original, is a problem. Texas will accept out-of-state probate but that has not been done. Without valid probate, the minerals will pass under Texas intestacy statute to the aunt’s heirs which may not be only to her brother. This requires an estate attorney in the other (residency) state to determine what can or cannot be done in that state based on time since the death and the lack of a valid original will. Most likely alternative is to file the proper documentation for all the intestacy heirs and a Texas estate attorney can assist in this.