Usually. Most states will admit a foreign will to probate even if it doesn’t meet all the requirements of a will as long as it is valid in the state in which it was executed. (The term foreign will is how courts describe another state’s will. It doesn’t mean a will from another country.)
For instance, some states require that a will be attested to by two witnesses. Other states may require three witnesses. If you execute your will with two witnesses and it is valid in your old state, the new state will admit the will to probate even though it doesn’t meet the requirements of a will in the new state which may require three witnesses.
However, wills are not always recognized by the new state. As an example, Texas and many other states recognize holographic wills. A holographic will is one that is wholly in the testator’s handwriting. It doesn’t require witnesses if it is wholly in the testator’s handwriting. Florida does not recognize holographic wills and will not recognize a foreign will if it is a holographic will even though it is valid in the prior state where it was written. Florida Probate Code, §732.502. Just to be safe, if you move to another state you should talk to an attorney who handles estate planning to make sure your will is valid in your new state.
Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.