Can a Will that was written maybe 20 years ago be expired or no good and have to go through probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a Will that was written maybe 20 years ago be expired or no good and have to go through probate?
I am being told a Will that has been written is no good because it is old and the wording is not up to today’s standards.
Asked on May 16, 2017 under Estate Planning, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Wills do not expire. Many, if not most, are years old when they are entered into probate. As long as it was valid at the time that it was executed, it is valid now. That having been said, if the "testator" (i.e. the person who wrote the Will) is still alive, they may want to update the Will due to possible changes in life circumstnaces, etc. (e.g. changing a beneficiary who has themselves already passed, etc.).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Wills do NOT expire or go stale, and it is common for wills to be written decades before they are needed. It also does not matter if the language is not up to today's "standards." So long as the will was properly executed, witnessed, etc. according to your state's laws, it is valid.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.