If you move, are the Wills that you had drafted in another state still valid and, if so,which state law applies?

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If you move, are the Wills that you had drafted in another state still valid and, if so,which state law applies?

My wife and I are new to the state. We are concerned about our Holistic Wills and Living Wills which were drawn up in another state and witnessed. Are they legally recognized in out new state of residence? Our former state does not require probate of estates passed on to surviving spouse. Does this apply in our new state?

Asked on March 7, 2014 under Estate Planning, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A Will remains valid when you move from one state to another.  As for probate, the size of the estate determines whether or not probate is required.  The size of the estate required for probate varies from state to another.

The law of the state in which you have established residence is controlling.


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