I Just Moved to Texas… Should I Update My Estate Plan?
Recently released estimates from the U.S. Census Bureau show that Texas is now home to more than 30 million people, making Texas and California the only states to eclipse the 30 million mark. It’s estimated that Texas gained 9,085,073 residents between 2000 and 2022, which boils down to over 1,100 people a day during that time period. This Texas-sized herd of people moving to the Lonestar State begs the question, will Texas probate courts accept a will for probate if the will was drafted in another state?
The lawyerly answer is – it depends, but likely yes. Texas law used to require that all wills meet the Texas-specific requirements or else it wouldn’t be admitted to probate. Now, however, Texas law provides for an exception allowing for the probate of a will drafted in another state so long as it was executed in accordance with the laws of the state in which it was formed. So, in short, your will that you created while living in Florida, Colorado, New York, or wherever, may still be probated in Texas so long as it met the legal requirements of the jurisdiction you previously lived in at the time you executed your will.
That said, it may still be advisable for new Texas residents to update their will upon moving to Texas. For one reason, Texas has probate options that may be quicker and easier to navigate, but your will must contain the proper language. For example, if your will is made “self-proved”, you may be able to go through probate without having to provide testimony from witnesses other than the probate applicant. In other words, self-proved wills can reduce costs and cut down the number of people you have to coordinate while setting a hearing. Chances are, if you moved to Texas from California, Illinois, Indiana, Maryland, Ohio, Nevada, or District of Columbia, your will is not made self-proved, as these states either don’t recognize self-proved affidavits, or otherwise don’t require self-proved affidavits.
Another reason you may want to update your will is because, unlike some other states, Texas law allows for probate without having to issue a bond so long as your will contains the proper language. Similarly, Texas law allows for a probate court to order an independent administration, rather than a dependent administration so long as the proper language is included in the will.
Independent administration is a great option to pursue because it requires significantly less court oversight; is much more cost effective; and the role of an executor is much less rigorous. Caveat: You may still have a bond waived and/or be admitted to an independent administration even if the will doesn’t contain the proper language; however, you’ll likely have to file additional request to the court to do so, which could mean more legal costs.
Lastly, you may want to update your will for the simple fact that your will specifically gifts property that you may have sold during your move to Texas. An updated will can prevent confusion and perhaps squash any potential challenges related to property you no longer own.
For those that have an estate plan centered around a trust that was drafted in another state, you too should consider updating and restating your trust. Texas law allows for additional protections and advantages that some other states don’t afford; however, your trust document needs to include the appropriate language to take advantage of these benefits.
Whether you’re new to Texas, or a life-long Texan, the estate planning and probate team at Hardie Alcozer wants to assist you in developing the best estate plan for your current situation. If you’re not sure whether you should update your will or trust, schedule a complimentary review meeting with one of our attorneys, and we’d be happy to look it over and provide you with the legal advice you seek. Or perhaps, you’re in need of probating a will drafted in another state. We’d be happy to assist you in navigating the best probate option. Please contact us to continue the discussion.