Which state do I have to probate

My mother passed away intestate and has land and mineral rights. She was a resident of Texas at the time of her death but the land and mineral rights are in Oklahoma. Would probate occur in Oklahoma or Texas?

Welcome to the Forum.

Condolences on the passing of you mother.

Both. You have to file the intestate paperwork in Texas first and then file a foreign probate in Oklahoma based upon the Texas result. Repost this in the Law & Legal section and one of the attorneys on the forum may be able to point you in the right direction for the Texas part.

Ok thank you very much!

The Directories tab above has several attorneys in Texas that can help you get started.

For Oklahoma property you have to file in Oklahoma. Foreign courts have no jurisdiction in Oklahoma.

Visit with an attorney. Unless there as a reason for the Texas probate, you may be able to probate the property in Oklahoma only.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.

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