IS THERE AN EXPIRATION DATE TO A WILL?
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IS THERE AN EXPIRATION DATE TO A WILL?
CAN A WILL 10 YEARS OR OLDER SUBJECT TO PROBATE?
Asked on February 26, 2011 under Estate Planning, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Wills do not expire. They are good indefinitely (or at least until it is revoked). However, some of the provisions in it may become outdated. For example, leaving extra money to take care of a minor child and now that "child" is 35. Or leaving property to beneficiaries that was sold after the Will was drawn up. Therefore, a Will should be periodically up-dated. This can be done via an amendment to the Will known as a "codicil". This works best if the changes are not major; if they are more extensive, you may want to have a new Will drafted.
Note: If you move out-of-state, if your Will was executed according to the laws of the state where you previously resided, then that Will is valid in your new state of residence. Yet, even if your out-of-state Will is valid in your new state, it is important to have it reviewed; due to differing state laws you may wish to execute a new Will. For example, there are restrictions on who can be named to serve as your Personal Representative that vary from state-to-state.
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