Is a Will written and recorded in one state valid in another?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a Will written and recorded in one state valid in another?
Asked on July 9, 2013 under Estate Planning, Georgia
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 10 years ago | Contributor
It depends on how your will was signed. A will can be created in 2 ways. It can be formally executed by being signed in the presence of witnesses (the number of witnesses varies from state to state). Or it can be written in the person's own handwriting and signed by them, regardless of whether there were any witnesses. This second kind is called a holographic will.
For the first kind of will, as long as it was executed according to the laws of the state where it was signed, it is acceptable in most other states. However, only a handful of states will accept the second kind of will.
So, a properly witnessed will signed in one state is probably valid in another state. A holographic will signed in one state may not be valid in another state.
By the way, there is no requirement that a will be recorded (however, it may be filed in probate court after the person dies).
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.