Is a Will that was executed in one state valid in another?

UPDATED: Nov 18, 2014

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Is a Will that was executed in one state valid in another?

A friend lived with me off and on for many years. He made out a Will leaving me his auto and personal belongings. He had the will notarized but had to move out of state 2 or 3 years ago due to illness. He died last week and I need to know what I need to do to get his Will recognized in the state in which he died. I have his Will in my possession.

Asked on November 18, 2014 under Estate Planning, Florida


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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Generally speaking, the answer to your question is yes, the Will is valid in the new state.  But it has to be probated in the new state as well.  It must be filed by the proposed executor in the county in which the decedent resided at the time of his death.  You might want to consider hiring an attorney in the new state just for convenience.  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 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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