Are Out-of-State Wills Valid in Louisiana?
If a loved one has passed away with property in Louisiana or you’ve recently moved to Louisiana, you may wonder if out-of-state wills are valid in Louisiana. The short answer is yes. As long the will meets the requirements of the state it was drafted in, Louisiana courts will generally accept an out-of-state will. But there’s more you need to know when checking if an out-of-state will is valid in Louisiana.
At Dowden & Smith, our experienced attorneys are here to help you, whether you need a new will after moving or help with an out-of-state will. Contact our office today to schedule a free consultation to discuss your situation.
What Happens When an Out-of-State Will is Invalid in Louisiana?
If the will does not meet the requirements of the applicable state’s law, succession of Louisiana property may proceed under Louisiana’s intestacy laws.
Intestacy means the property in Louisiana will be divided as if there were no will, so the property would be distributed by operation of law in favor of the decedent’s descendants, ascendants, and collaterals, pursuant to the provisions of the Louisiana Civil Code.
[Related: Why You Need A Succession Attorney]
Do I Need a New Will After Moving to Louisiana?
If you’ve moved to Louisiana without updating your will, you should absolutely contact Dowden & Smith to update your will according to Louisiana’s laws. Louisiana has unique succession laws that may invalidate your will and make the process that much more difficult for your family in the future.
At Dowden & Smith, our family law attorneys are well-versed in updating out-of-state wills to meet Louisiana’s requirements. If you need help updating your will after moving to Louisiana, contact us today.
What If a Succession Was Already Opened Out of State?
Typically, probate will occur in the state of residence of the deceased. In order for the probate process to proceed, you’ll need to provide the Louisiana court with an authenticated copy of the will from the state where probate was originally opened. If the will contains property owned in Louisiana, ancillary probate may be started with an out-of-state will.
[Related: Basics of Louisiana Inheritance Laws]
Get Qualified Help with an Out of State Will
If you need help with an out-of-state will and the ancillary probate process, don’t hesitate to contact Dowden & Smith. Our experienced family law attorneys are here and ready to help you. Call our office today at 337-238-2800 to schedule a free consultation and discuss your options.
