Roscoe, TX Estate Planning Law Firms & Lawyers

Probate is done in the state where the decedent is domiciled. Since he was temporarily staying in another state, that is not considered to be his domicile. Only assets in your father's name only will go through probate. For most married couples, they own everything in joint names, so upon the first to die, there is no probate estate. Therefore, the first question to ask is what assets did your have in his name only that had no beneficiary designation upon his death. This includes payable on death bank accounts and certificates of deposit, transfer on death for personal property that is titled such as boats and automobiles, and beneficiary deeds for real estate. If there are no assets, there is no probate. The next question is what is the value of the assets that go through probate. Most states have procedures for small estates. In Missouri, the small estate procedure is for net assets totaling less than $40,000. If the net assets total more than $40,000, then you need to do a full probate estate. In Missouri, you need to hire an attorney for probate. For estates greater than $40,000, the person probating the estate is called the personal representative. This person can also be called the executor or executrix. This person is named in the will. If there is no will, then this person applies for letters of administration and requests to be appointed personal representative. The court does not automatically do this. The attorney will prepare the necessary papers for you to sign and get appointed.

Does your mother's Will address her remains? Does it dispose of them to anyone? Who is named to serve as her Executrix/Executor. If it is her mother, you will have a difficult and possibly unwinnable battle. If not, then you may have a better chance of success. In either event, I suggest that you speak with a probate attorney about the issues, possible remedies and costs associated with bringing an action to recover the remains.

The probate process takes place in the state where the decedent was a resident. Where he died does not really matter. If his wife is still living, probate will probably not be necessary, as long as his wife has access to their assets.