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Foreign Wills

Understanding the complexities of foreign wills in Texas is crucial for non-Texas domiciliaries. When a foreign will is probated in the decedent’s jurisdiction of domicile at death, it doesn't require Texas probate requirements. This means no court order or citation is needed, simplifying the process. The will can be filed along with a certified copy of the admitting order. However, complications arise if the will is probated in a non-domiciliary jurisdiction, which may require more intricate procedures. Learn how to navigate these nuances in probate law.

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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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