If you move out-of-state must your Will be re-done?

UPDATED: Aug 7, 2011

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If you move out-of-state must your Will be re-done?

Can a Will done in PA for my Dad be changed in FL where he is a resident? Must all executors sign it?

Asked on August 7, 2011 Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First of all, executors don't need to sign a Will (typically anyone over 18 who is of sound mind can witness). If you move out-of-state, and your Will was executed ac­­­­­­­­­cording to the laws of the state where you previously resided, then that Will is valid in your new state of residence. Yet, even if your out-of-state Will is valid in your new state, it is impor­tant to have it reviewed. Due to differing state laws you may wish to execute a new Will.  For example, there are restrictions on who can be named to serve as your executor (requirements for that can vary from state-to-state).   

Note:  A Will is good indefinitely or at least until it is revoked.  However, based on changes in life circumstances - death, divorce, the birth of a child, etc - you may want to periodically up-date your Will.  This can be done via an amendment to it known as a "codicil".  This works best if the changes are minor; if they are more extensive, you may want to have a new Will drafted. 

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