Let’s say that your parent owns a home in Louisiana. Later in life, due to health reasons, your parent moves to Texas to live with your sister who can provide daily care. During the time he or she is living with your sister in Texas, a Texas attorney assists your parent in drafting a will that complies with the form requirements for wills under Texas law, but differs from the format that Louisiana requires. After your parent passes away, a succession is necessary in Louisiana to transfer the family home that your parent owned here.

Although the will is not in the format that Louisiana law requires, a Louisiana court will nevertheless recognize and probate the will since it was prepared in accordance with Texas law.

Sometimes, however, rather than probating the will in Louisiana, a person’s succession is actually opened in another state and the will is admitted to probate outside of Louisiana. If there is a need to also open a succession in Louisiana to deal with assets located in Louisiana, Louisiana law permits the family to present a copy of the probated will from the other state and the will shall have the same force and effect as the original probate of a domestic will.

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The uniform wills and probate law is found at Louisiana Revised Statute 9:2401 and 9:2421 et seq. respectively. For additional assistance, we invite you to call our office to schedule a consultation.