is a handwritten holographic will legal in Connecticut, when estate is in probate

Asked 8/17/2009 under Wills, Trusts, Probate | 835 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

Mark Connell / Mark R. Connell, Attorney at Law, LLC Answered 2 years ago | Contributor

This is the Connecticut statute with respect to making a Will.

Sec. 45a-251. (Formerly Sec. 45-161). Making and execution of wills. Wills executed outside the state. A will or codicil shall not be valid to pass any property unless it is in writing, subscribed by the testator and attested by two witnesses, each of them subscribing in the testator's presence; but any will executed according to the laws of the state or country where it was executed may be admitted to probate in this state and shall be effectual to pass any property of the testator situated in this state.

I am not admitted in Connecticut.  Connecticut does not recognize a Holographic Will executed in its state.  However, a Holographic Will that was properly executed in a state which allows such Wills is valid. If the estate is already in probate then the Will may have been valid according to another state's laws. 

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