Probating foreign wills in Indiana

On Behalf of | Jan 12, 2022 | Uncategorized

When a person dies in Indiana, their personal and real property passes to the deceased’s heirs in accordance with the will A foreign will is legal in another state or country. No will can prove the right of possession until it goes to probate.

Receipt and recording of foreign wills

The state will receive and record foreign wills within the deadlines imposed under the law. The state won’t record foreign wills if they’re abandoned by the spouse without cause. An attorney may help in the situation because the rules of the state and foreign laws differ. Foreign wills are subject to the laws of both entities for admission of wills into probate court.

Certification of foreign wills

A court can certify foreign wills under their seal. A probate court can certify the foreign will under its seal, as well. The office of the clerk can be a surrogate over the proceedings under the sole judge of the court. Once the foreign will begins filing and recording, the judge in the other state or country has jurisdiction over the estate. The Indiana judge will offer the same effect as the previous judge in the other state or country after recording the will.

Indiana executing foreign wills

The only way for Indiana to execute foreign wills is if the will’s original location follows the probate court rules that Indiana does. Whether the probate court admits a foreign will or not, any interested party can contest the decision. Any person contesting the will or testament has to follow the timetable of Indiana, not the other government.

Every country has its own estate laws, and so do the local governments within those countries. Foreign courts must properly probate wills for the state to honor them. All wills and testaments, foreign or local, must follow Indiana law. Even out of state or the country, interested parties can contest the outcome of the estate.