However, if you move to Kaufman County after having written and signed a will in another state, does that will remain valid if you were to pass away in Texas? While out-of-state wills typically remain valid under Texas law, certain circumstances could potentially render a will invalid. Furthermore, a move to Kaufman County might provide a perfect opportunity to review your estate plan.
Texas Generally Recognizes Out-of-State Wills
Under Texas Estates Code Section 251.053, an out-of-state will can remain valid if a testator moves to Texas and executed the will under the laws of the state where they lived when they signed the will or the laws of the state where they signed the will. However, like other states, Texas imposes basic requirements for wills, such as ensuring that a testator had the legal capacity to execute the will and that the will has not been forged or altered.
When Things Can Go Wrong
However, differences between Texas law and the laws of other states may lead to confusion and difficulties in enforcing an out-of-state will in Texas. Examples of situations where “things can go wrong” when enforcing an out-of-state will include:
- Differences in rules governing self-proving affidavits, which may leave an out-of-state will without such affidavits, potentially slowing down probate in the event of a will contest
- Will bequests that do not align with Texas community property laws
- Holographic (handwritten) wills written in states that do not recognize them (even though Texas law does)
- Differences in witness and notarization requirements
Texas-Specific Options Your Current Estate Plan May Not Have
A person moving to Kaufman County will gain access to estate planning tools that may not have existed under the laws of their prior home state. Such options may include:
- Lady Bird deeds, which facilitate transfers of real estate outside probate while allowing testators to retain control over property during their lives
- Texas homestead protections
- Texas-specific Medicaid planning options
Estate planning strategies available under Texas law may become important for a new resident who purchases property in Kaufman County, as Texas’s estate planning and community property laws may warrant changing how an existing will treats the new property.
Why Having a Valid Will Does Not Mean You Can Leave It Alone
Even if an out-of-state will holds up in a probate court in Kaufman County, that does not necessarily mean that the person who wrote the will can leave it alone. Relocating to a new state is typically one of the major life events that prompt a person to review and update their estate plan as necessary. An estate plan can fall out of date due to changes in probate and tax laws, the passing of named executors, guardians, or beneficiaries, or shifting goals and preferences. After moving to Kaufman County, a person may have sold a home in their prior state and purchased new property in Texas, potentially necessitating updates to their estate planning documents. A person may also have moved to Kaufman County upon remarriage or starting a new job that pays a substantially higher income – circumstances that should also prompt an estate plan review.
Contact Our Estate Planning Firm Today for Guidance and Assistance in Updating Your Estate Plan
Moving to another state should motivate you to review and update your estate planning documents as needed. Contact Guest & Gray today for a free consultation with a wills attorney to learn what happens to your out-of-state will when you move to Kaufman County and discuss what steps you may need to take to ensure that your loved ones carry out your estate planning goals and wishes.
