Will on record in one state with property. Moved to another state with property, is second will necessary for current property?

UPDATED: Sep 30, 2022

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Will on record in one state with property. Moved to another state with property, is second will necessary for current property?

I have a will on record with home for sale in Ohio. Recently moved to AZ and purchase home. Should I have another will for the State of AZ with new property?

Asked on June 1, 2017 under Estate Planning, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are two different issues here:
1) Does moving to a new state or having property in a new state require a new will? No--every state is required (e.g. by the Constitution) to honor the wills of every other statel. So if the first will was valid under the laws of OH, it will still be honored no matter where you live or own property.
2) Do you need to revise or amend your will to reflect the new property? That depends on whether the terms of the original will would include or cover the new property. For example, if the will had said "I leave my real estate to my son, John Doe," then that would cover the new real estate as well as the old. But if the old will only mentioned the OH property specifically and says nothing about other real estate, you should amend or revise it, or replace it with a new will, covering the new real estate, too.

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 AttorneyPages.com 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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