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Mohandas Gandhi

Can a will be probated in another country?

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June 10, 2008 5:30PM

Yes, if the decedent owned property in that other country it might even be required by that country to effect proper transfer of title. Even if the will had been probated in one of the states in this country, it might also be probated in the other country. This is called "ancillary probate", meaning that the other probate is ancillary to the first. Some countries have their own requirements for a valid will and most likely, that country's laws will determine its validity. So even if a will is probated here, it might not be probatable elsewhere.