Section 11.14 Probate of Foreign Will

• Library: Estate Administration 2014 Supp

6. (§11.14) Probate of Foreign Will

The judgment of a court of another state admitting a will to probate, if made upon proper notice, is an in rem judgment. It is conclusive upon all who claim through the decedent, to the extent of property of the decedent in that state. But in the absence of an estoppel by judgment binding those who personally appear in the proceeding, it is clearly not conclusive in regard to real property located elsewhere. Keith v. Johnson, 10 S.W. 597 (Mo. 1889). Only the state of situs has jurisdiction to determine the devolution of real property by a will. Id. Likewise, the validity of a will disposing of real estate is governed by the law of the situs state. This rule is in contrast to the rule discussed in §11.5 above, which holds that the law of the domiciliary state controls the construction of a will, even when real estate is involved.

The validity of a will disposing of personal property located in Missouri could be determined under Missouri law, due to its situs here, except for § 473.675, RSMo 2000. This statute states that the validity of a will disposing of personal...