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Foreign Wills

Foreign Wills. Authority. Probate Code §§ 95-107 Estates Code Subtitle K, Chapters 501-505. Foreigner with will admitted elsewhere. The situation: Non-Texas domiciliary Non-Texas will Will properly admitted in another state or country Options: Muniment of title Ancillary administration.

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Foreign Wills

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  1. Foreign Wills

  2. Authority • Probate Code §§ 95-107 • Estates Code Subtitle K, Chapters 501-505

  3. Foreigner with will admitted elsewhere • The situation: • Non-Texas domiciliary • Non-Texas will • Will properly admitted in another state or country • Options: • Muniment of title • Ancillary administration

  4. Foreigner with will admitted elsewhere • 1. Will probated in decedent’s domiciliary jurisdiction at death • Will does not need to meet Texas requirements.

  5. Foreigner with will admitted elsewhere • 1. Will probated in decedent’s domiciliary jurisdiction at death • Will does not need to meet Texas requirements. • No court order needed.

  6. Foreigner with will admitted elsewhere • 1. Will probated in decedent’s domiciliary jurisdiction at death • Will does not need to meet Texas requirements. • No court order needed. • No citation needed.

  7. Foreigner with will admitted elsewhere • 1. Will probated in decedent’s domiciliary jurisdiction at death • Will does not need to meet Texas requirements. • No court order needed. • No citation needed. • File will and certified copy of order admitting it to probate.

  8. Foreigner with will admitted elsewhere • 1. Will probated in decedent’s domiciliary jurisdiction at death • Ability to contest limited to: • Foreign proceedings not properly authenticated. • Will previously rejected in Texas. • Will set aside in domiciliary jurisdiction.

  9. Foreigner with will admitted elsewhere • 2. Will probated in non-domiciliary jurisdiction • More complicated procedure and application • But, no court order needed if not contested.

  10. Foreigner with will admitted elsewhere • 2. Will probated in non-domiciliary jurisdiction • More complicated procedure and application • But, no court order needed if not contested. • Citation by registered or certified mail on all beneficiaries and heirs.

  11. Foreigner with will admitted elsewhere • 2. Will probated in non-domiciliary jurisdiction • More complicated procedure and application • But, no court order needed if not contested. • Citation by registered or certified mail on all beneficiaries and heirs. • Contest on any ground that would be a ground under Texas law.

  12. Foreigner with will admitted elsewhere • 3. Ancillary administration • Leggett (p. 238)

  13. Foreigner with will admitted nowhere • 1. Neither admitted nor rejected • Original probate in Texas just like domestic will.

  14. Foreigner with will admitted nowhere • 2. Rejected in domiciliary jurisdiction • Conclusive in Texas unless ground for rejection would not have been a valid rejection ground under Texas law. • Examples?

  15. Texas domiciliary with non-Texas will • Must meet all Texas requirements. • Texas does not have a savings statute. • Practical advice =

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