If my uncle just passed but had previously made out a Will, since he later moved to another state which state’s law will govern probate activities?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my uncle just passed but had previously made out a Will, since he later moved to another state which state’s law will govern probate activities?

I am the executer and live in the state in which the Will was written.

Asked on August 26, 2014 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  The Will needs to be probated in the state in the county in which he resided at the time of his death, so that would be the state to which he moved.  Wills do not generally have to be re written when you move.  If a provision of the Will violates the state law of the new state it will not necessarily invalidate the Will.  The court will work around it. Just make sure that the new state allows out of state executors. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption