What effect does moving to a different state have on a will?

A Will that is properly made and properly executed (signed) in your former state of residence and that would be valid under the laws of your former state, will almost always be regarded as valid by the laws of your new state. However, as the laws of all states differ, if you move it makes sense to have your Will reviewed by a lawyer in your new state. Provisions that do not comply with the laws of the state where you have moved could result in higher probate costs or result in property being inherited in a way you didn’t intend.

For example, sometimes the new state has different processes to “prove” the Will. Or the new state may permit probate matters to be handled on a less formal and less expensive basis, simply by adding reference to certain specific statutory provisions in the new state’s laws to the Will.

Occasionally complications arise because different states have different classifications of property. For example, if your Will was executed in a state that does not have a community property system (common law or equitable distribution states) and you move to one of the 9 community property states, you may wish to get in touch with a Wills attorney to determine whether your Will should be redrafted to achieve your intended result. For example, if your Will uses a term like separate property, that term may mean different things in different states. So you need to make sure that the terminology in your Will produces the results you want.

The only reason why you might not want to update a Will would be in a situation where there have been health changes so that someone might question your competence if you change your Will while in your current condition. An attorney should be able to tell you if you can change your Will and how to protect against Will contests.

Case Studies: The Impact of Moving to a Different State on a Will

Case Study 1: Will Validity in the New State

John, who had previously lived in Texas, moved to California. He had a validly executed will in Texas that complied with the state’s laws. After consulting with an attorney in California, John discovered that his Texas will still be considered valid in California. However, he made some minor updates to his will to ensure it aligned with California’s specific processes and statutes.

Case Study 2: Community Property Considerations

Emily and David, a married couple, lived in Ohio, which follows the common law property system. They decided to relocate to Arizona, a community property state. Upon consultation with an attorney, Emily, and David learned that certain terms and provisions in their Ohio will have different implications in Arizona. To ensure their will accurately reflected their intentions, they sought legal advice and updated their will accordingly.

Case Study 3: Protecting Against Will Contests

Sarah had recently moved to Florida and wanted to update her will to reflect her new state of residence. However, she had concerns about potential challenges to the validity of her will due to her current health condition. Sarah consulted with an attorney who provided guidance on how to protect against will contests and ensure her update will stand up to scrutiny.