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If Elizabeth's will was executed in State A that does not require a signature, but she died residing in New York, what is the relevance of the jurisdiction in probate?

  1. Only the New York laws apply

  2. State A’s requirements must be recognized in New York

  3. Both jurisdictions must agree on the will's validity

  4. The will cannot be recognized in New York

The correct answer is: State A’s requirements must be recognized in New York

When considering the validity of a will executed in another jurisdiction, the principle of "migratory wills" comes into play. This principle states that a will that is valid in the state of execution is also valid in another state where the testator dies, as long as the will meets the minimum requirements of the jurisdiction in which it is probated. In this scenario, the critical factor is that Elizabeth's will was executed in State A, which does not require a signature for validity. Since she died while residing in New York, New York will recognize the legal efficacy of her will if it complies with the laws of State A at the time of execution. New York law generally allows for the admission of wills executed in other jurisdictions as long as those wills are valid according to the laws of the state where they were created. Therefore, State A’s requirements must be recognized in New York for the will to be valid. This reflects the principle that New York will give effect to the laws of other jurisdictions concerning wills, reinforcing the understanding that the will's validity is dependent on the laws of the state in which it was properly executed, not solely on New York’s laws. This is why recognizing State A's requirements is essential when determining the will's validity in