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

Answers:

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. 


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