If before they passed my late parents wrote a Will in the state in which they resided at the time, is it now valid in the state in which they lived at the date of their deaths?

They moved ato another state after their Will and Trust were drawn up. A lawyuer drafted both documents.

Asked on July 22, 2014 under Estate Planning, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the Will was executed ac­­­­­­­­­cording to the laws of the state in which your parents previously resided in, then it is valid in the state to which they moved. However, you should be aware that although the main probate proceeding would occur in the state in which they were domiciled as of the date of their deaths, if they owned property in their name(s) in another state, you may be required to open another probate in that jurisdiction. 

To be certain of your rights, you should consult with a local probate attorney. This is the best way to ensure a smooth administration of the estate.


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.