Many people migrate to California each year. The fact that thousands of people come to California means that their estate planning instruments also follow them to California. If you were domiciled in another state or outside the U.S. and prepared your Will in that other state or foreign country (both regarded as “foreign Wills”), but later change your domicile to California, is your foreign Will valid in California if you die? Yes. Under California Probate Code §6113 a foreign Will is valid in California if any of the following three conditions are met:

• The Will was executed in compliance with California law;
• The Will was executed in compliance with the law prevailing at the time of execution at the place where it was executed; or,
• The Will was executed in compliance with the law of the place where, at the time of execution or at the time of death, decedent was domiciled, had a place of abode, or was a national.

For example, in Estate of Guerrero (1986) 183 CalApp.3d 723, the California Court of Appeals validated a Will executed in Mexico. In Guerrero, Antonio P. Guerrero, the decedent, was a resident of California, executed his Will while visiting Mexico, and he owned real property in California. The original Will, executed by the testator, was executed as a public open Will in conformity with Mexican law and was proved by a duly authenticated copy, the original Will being held in the official custody of the Mexican government; the Will was not revoked by the testator or by operation of law.

Conclusion

A Will properly executed by the deceased is valid in California if the Will was executed in compliance with California law; or was executed in compliance with the law prevailing at the time of execution at the place where it was executed; or the Will was executed in compliance with the law of the place where, at the time of execution or at the time of death, decedent was domiciled, had a place of abode, or was a national.

To gain more information on California probate requirements for out of state Wills, or to gain more information on California probate requirements for out of state residents, or to discover which strategies are best for your situation, or if you need the assistance of a probate lawyer, please contact me for a free consultation. If you are trying to probate an estate the process can be confusing. That is where I can be of help. I make a difficult and bewildering probate as simple as possible. If you wish to gain more information on California probate or if you need the general assistance of a probate lawyer, please contact me for a free consultation. I will spend time with you to answer your questions.

I assist clients in all Southern California counties, including Imperial County, Los Angeles County, Orange County, San Bernardino County and San Diego County. You can reach me by phone at 760-989-4820, by email at [email protected] or through my online contact form.

Disclaimer: This article is intended to provide general information. The content of this publication is for informational purposes only. Neither this publication nor its author is rendering legal or other professional advice or opinions on specific facts or matters. No attorney-client relationship is created by this advisory, nor by any response to the information herein, unless and until a conflicts review has been conducted by William K. Sweeney, and a written agreement containing all terms of representation has been signed.

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