Legal Question in Wills and Trusts in Texas

Viability of Wills Written in one state and probated in another

We have recently moved to the state of Texas from Louisiana. We have an updated will for the state of La. and need to know if that these Wills will be acceptable for probation in the state of Texas.


Asked on 12/27/04, 5:21 pm

2 Answers from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Viability of Wills Written in one state and probated in another

Texas is a community property state. Louisiana is not. You need to have your wills reviewed and appropriately revised by a Texas wills & estates attorney.

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Answered on 12/27/04, 5:40 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Viability of Wills Written in one state and probated in another

The wills are acceptable insofar as they don't violate Texas law. The laws of probate are so different between Texas and Louisiana that it would make sense to have Texas wills prepared.

The cost of getting Texas wills (assuming no federal tax planning is required) is appreciably less than the costs associated with probating an out-of-state will and proving up its validity in the state where it was made.

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Answered on 12/27/04, 5:51 pm


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