Should the Letters Testamentary be recorded in the county where property is located to change name in to the estate name?

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Question…I have a death and the family has set up an estate. They have filed a Letters Testamentary in the state where they live and owner died. The minerals are in a different state. They are going to probate but they have set up an estate for now. Can we change the owner name to the estate name with the Letters Testamentary, Death Certificate and Tax ID of Estate, OR does it need to be filed in the state where the property is located before name is change and royalties released.

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Asked on May 31, 2017 9:56 AM
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Texas honors foreign probate (out of state), but it does require exemplified copies recorded in the county where the decedent’s real property is located. Not only letters testamentary, but the Order Admitting the Will, the will itself, any codicils and the final order, if one is made. Best of luck.

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Posted by April Luedecke
Answered on February 27, 2018 4:57 PM
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Good question! You need to record documents in the county where the minerals are located.

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Posted by Kyle Souza
Answered on June 15, 2017 4:19 PM
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