Authority Probate Code 95107 Estates Code Subtitle K Chapters 501505 Foreigner with will admitted elsewhere The situation NonTexas domiciliary NonTexas will Will properly admitted in another state or country ID: 270238
Download Presentation The PPT/PDF document "Foreign Wills" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Foreign WillsSlide2
Authority
Probate Code §§ 95-107
Estates Code Subtitle K, Chapters 501-505Slide3
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 administrationSlide4
Foreigner with will admitted elsewhere
1. Will probated in decedent’s domiciliary jurisdiction at death
Will does
not
need to meet Texas requirements.Slide5
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.Slide6
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.Slide7
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.Slide8
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.Slide9
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.Slide10
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.Slide11
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.Slide12
Foreigner with will admitted elsewhere
3. Ancillary administration
Leggett
(p. 238)Slide13
Foreigner with will admitted nowhere
1
. Neither admitted nor rejected
Original probate in Texas just like domestic will.Slide14
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?Slide15
Texas domiciliary with non-Texas will
Must meet all Texas requirements.
Texas does not have a savings statute.
Practical advice =