Legal Question in Wills and Trusts in California
Hawaii Will acceptable in California?
I had a will drawn up and legally witnessed in Hawaii. Now that I moved to
California, I would like to know if I this will is legally accepted in this new
state, or what I have to do to make it legal here. Everything else in the will is
still valid.
2 Answers from Attorneys
Re: Hawaii Will acceptable in California?
If the will was valid in Hawaii, then under the laws of "comity" CA will honor its "sister state's" laws and the will is still valid.
However, remember that a will only directs how assets are to be distributed, instead of following the Probate Code's directions for intestacy; it DOES NOT prevent Probate. Probate is expensive and time consuming. You might want to consider a trust, especially if you own a home or have children.
You can learn about some of the important differences on our firm's site at www.No-Probate.com.
If you would like additional assistance, please feel free to contact me through that site or directly at 626-578-0708.
Take care and welcome to CA.
Scott
Re: Hawaii Will acceptable in California?
Your OK. As long as the will is valid by standards set in Hawaii (properly witnessed, etc.), the estate can be probated per the will in California.
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