Question: If an individual executed a will in a state other than New York, and the individual who is now a resident of New York passes away, will a Surrogate’s Court in New York recognize that out of state document as a valid will and admit it to probate?
Answer: New York will recognize that will as a valid will and admit it to probate if the will complies with the provision of the New York EPTL § 3-5.1.
EPTL § 3-5.1 provides that the will disposing of personal or real property, made within or outside New York State, is valid and admissible to probate in New York State so long as “it is in writing and signed by the testator, and otherwise executed and attested in accordance with the local law of:
- This state;
- The jurisdiction in which the will was executed, at the time of execution; or
- The jurisdiction in which the testator was domiciled, either at the time of execution or death.”
Therefore, a will can be offered for probate in New York if the will would be valid in the state in which it was made, it is in writing and it was signed by the testator.
The information contained in this post does not, and is not intended to, constitute legal advice. The content is general educational purposes only.