If we have Wills that weremade in one state, are they valid in another?

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If we have Wills that weremade in one state, are they valid in another?

Asked on November 4, 2010 under Estate Planning, Oregon

Answers:

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

Answered 11 years ago | Contributor

As long as your Wills were properly executed ­­­­­in the State where you previously resided, then they are valid in your new state of residence. Yet it is still  impor­tant to have them reviewed. Due to changes in the law and life circumstances, you may wish to execute new Wills or codicils (amendment to a Will).  For example, there are restrictions on who can be named to serve as your Personal Representative that vary from state-to-state.   

Note:  Although the main probate administration would occur in your state of residence if, however, you own property in your own name in another state for either personal or investment use, you may be required to open a probate estate in that jurisdiction.  Consulting with an attorney on all of this is the best way to protect your rights and ensure that your estate is distributed according to your wishes.


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