This is a common question when moving from one state to another. Two points: (a) the state probate laws of the various states (Louisiana excepted) are very similar and (b) most states have an express provision accepting for probate wills created in accordance with the laws of other states. Here is a sample of state probate laws that accept wills created in other states.- Arizona.
- California
- Colorado
- Florida (see section 2)
- Texas, couldn't find a provision in the probate code explicitly accepting wills from other states but this blog post from a Texas lawyer states that Texas probate courts give "full faith and credit" to wills from other states.
- Washington
The MedLawPlus.com® Last Will and Testament Form is a fast and economical solutions for those wishing to create a simple will ($13.99, free trial).
2 comments:
I moved from Ohio to Tennessee; while in Ohio I and my spouse made wills as well as living trusts; do I need to have new wills and trusts created to comply with Tennessee law or can the Ohio documents be entered into probate in Tennessee?
Tennessee probate code Section 32-1-107, entitled "Foreign execution" states the following: "A will executed outside this state in a manner prescribed by §§ 32-1-101 — 32-1-108, inclusive, or a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution, shall have the same force and effect in this state as if executed in this state in compliance with those sections."
I read the statute as saying that a will executed outside of Tennessee is admissible so long as it complies with the law of state (Ohio) where the testator (i.e., the person who created the will) lived at the time of its execution. Translation--if were a reside of Ohio at the time the will was executed, the will is valid if it complies with Ohio law.
Post a Comment