Validity of Out of State Wills

Out of State Wills

 

Question: My parent died in Louisiana but his Will was prepared in another state. Can I open succession with an out of state will in Louisiana, or will the Louisiana Court recognize the Last Will and Testament drafted in the other state?

Under Louisiana law, a Louisiana court will recognize a will that is executed out-of-state if the will was prepared in a manner and form that would make it valid under the law of the state where it was signed, or under the law of the state where the person who made the will was domiciled at the time he or she signed the will.

For example, let’s say that your parent owns a home in Louisiana. Later in life, due to health reasons, your parent moves to Texas to live with your sister who can provide daily care. During the time he or she is living with your sister in Texas, a Texas attorney assists your parent in drafting a will that complies with the form requirements for wills under Texas law, but differs from the format that Louisiana requires. After your parent passes away, a succession is necessary in Louisiana to transfer the family home that your parent owned here.

Although the will is not in the format that Louisiana law requires, a Louisiana court will nevertheless recognize and probate the will since it was prepared in accordance with Texas law.

Sometimes however, rather than probating the will in Louisiana, a person’s succession is actually opened in another state and the will is admitted to probate outside of Louisiana. If there is a need to also open a succession in Louisiana to deal with assets located in Louisiana, Louisiana law permits the family to present a copy of the probated will from the other state and the will shall have the same force and effect as the original probate of a domestic will.

The uniform wills and probate law is found at Louisiana Revised Statute 9:2401 and 9:2421 et seq. respectively.