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 14 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.


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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