Foreign Wills

People often have questions regarding what must be undertaken in probate when an individual dies leaving a Will that was not created and executed in Texas. This circumstance occurs quite often, and need not be feared. While it is always best to have your estate planning documents carefully reviewed by an attorney in a state to which you move to ensure they are legally sound in the jurisdiction, Wills that were drafted in other states can, and often are, admitted to probate in Texas.

One situation where this is often seen is in the simple case of a decedent who passes away while domiciled in this state, but whose Will was executed in a state of former residence. Perhaps the estate planning documents were drafted many years ago, and were not updated upon the move to reflect the decedent’s new residency in Texas. As long as the document executed in the former state of domicile meets the requirements of a valid Will under Texas law, the Will can be admitted to Texas probate. The executor will be appointed to administer the estate pursuant to Texas law, just as if the Will had been drafted in Texas. Issues that may arise in cases of this nature involve inconsistencies among states in the requirements for valid Will format, content and language, as well as witnessing requirements. Contact the Wills & Trusts attorneys at Smith & Garg if you have questions with regard to the original probate of a foreign will in Texas.

Other instances in which a foreign Will may be probated in Texas involve decedents passing away while not domiciled in Texas at the time of death. A decedent may have executed a Will in another state that was admitted to probate in that state, but which affects property in Texas. The probate attorneys at Garg & Associates can likewise guide you through the probate of a foreign Will in such cases where the decedent’s Will stands probated in another state but has a bearing on Texas property. Often, for example, an administration of a decedent’s foreign Will will take place in the state of domicile, but he or she will have owned real property in Texas and thus require ancillary probate in this state. Or, the foreign Will probated in the state of domicile may simply affect the distribution of personal property in this state.

The Houston probate attorneys at Garg & Associates are available to guide you with regard to filing and recording foreign Wills, or initiating the original probate of a foreign Will, and will thoroughly address questions you have about the process.

We invite you to contact us for a consultation. Call Garg & Associates, PC at 281-362-2865 or complete our contact

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.