Can you execute a Will and have it notarized on 1 state if you live in another state?

UPDATED: Oct 1, 2022

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Can you execute a Will and have it notarized on 1 state if you live in another state?

My father-in-law wants to do a simple Will to let his heirs know what he wants each of them to have. He doesn’t have a lot but wants to be specific in what he is leaving each child. He lives in WY, but has been staying with us in CO for several weeks and wants to get it done while he is here. Can he do is simple Will online ,standard form most likely, and then have it notarized in CO if his residence is in WY? He wants to self-prove his Will. He will also be disinheriting a child if that makes a difference.

Asked on December 5, 2018 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He should look up the requirements in WY for a valid and self-proving will to make sure he meets them, but so long as he honors or fulfills WY's requirements, can execute the will, have it witnessed, and have it notarized in CO; there is no legal requirement that a will be signed, etc. in a person's state of residence.

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 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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