For recent immigrants in Texas, understanding how probate works is important, especially if they have family members who pass away or if they own property themselves. Probate is the legal process by which a deceased person’s estate is administered, debts are paid and remaining assets are distributed.
While the process applies to all residents, immigrants may face unique challenges due to language barriers, unfamiliarity with U.S. legal procedures and/or international family connections. As a result, being as proactive as possible about preparing for probate can be helpful for both individuals and their loved ones.
The basics of probate for immigrants
One of the most important things to understand is that probate laws vary by state. In Texas, probate is governed by state statutes and local court rules. If someone dies with a valid will in place, the court will oversee the process of carrying out the decedent’s wishes. If there is no will, the estate will be distributed according to Texas intestacy laws, which prioritize spouses, children and other close relatives. This distribution may not reflect the deceased person’s actual preferences—especially if they have loved ones who live outside the U.S. or relationships that are not legally recognized under Texas law.
Immigrants should also be aware that citizenship status does not disqualify someone from serving as an executor of an estate or from inheriting property. However, non-U.S. citizens who are named as executors may need to meet additional requirements, and complications can arise if they live abroad. It’s important to consult with a probate attorney to determine the best way to proceed in these situations.
Another consideration for immigrant families is the location of assets. If a deceased person owned property in Texas but also had property in another country, the estate may need to go through ancillary probate in both places. This can add complexity and cost, particularly when foreign legal systems and languages are involved. A knowledgeable probate lawyer can coordinate with international counsel to ensure assets are properly accounted for and distributed.
For recent immigrants with limited knowledge of the probate system, it can be helpful to seek legal assistance early. An attorney can help interpret legal documents, navigate court procedures and work to ensure that all deadlines are met. Probate involves important filings, public notices and potential creditor claims—missing a step can cause delays or lead to the loss of estate assets.
