Probate

Probating a Will

Can I Transfer Property in Texas With a Foreign Will?

by Rania Combs

Occasionally, people own property in Texas but reside in another state or country at the time of their death. As a result, they make wills that comply with the laws of the state or country where they reside, rather than in accordance with Texas laws.

The Texas Estates Code addresses this situation. In Texas, the written will of a testator who was not domiciled in Texas at the time of his death can be admitted to probate to transfer personal and real property within the state so long as it is signed in accordance with the law of the jurisdiction where they lived.

So, for example, if someone resided in the United Kingdom and signed a valid will in accordance with the laws of that country, then the Texas Estates Code allows that will to be offered in Texas to transfer property within the state.


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