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


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

Answered 6 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.

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