Is a Last Will and Testament that was made inone state acceptable in a new state of residence?

UPDATED: Nov 22, 2011

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Is a Last Will and Testament that was made inone state acceptable in a new state of residence?

Asked on November 22, 2011 under Estate Planning, Ohio


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

Answered 11 years ago | Contributor

If your Will was executed ac­­­­­­­­­cording to the laws of the state where you previously resided, then it will be valid in the state in which you now reside. That having been said, even if your current Will is valid, it is impor­tant for you to have it reviewed. Due to varying state laws you may wish to execute a new Will. For instance, if there are restrictions on who can be named to serve as executor.   

Note: 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 through an amendment 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. 

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 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.

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