What to do if my husband and I have Wills that were drawn up years ago by an attorney but now we have moved to another state?

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What to do if my husband and I have Wills that were drawn up years ago by an attorney but now we have moved to another state?

All our wishes in the Wills are still the same but addresses have changed both for us and our children. Are they still legal in our new state of residence?

Asked on May 20, 2014 under Estate Planning, Arizona

Answers:

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

Answered 6 years ago | Contributor

The general rule is that most states will accept a Will drawn and executed in a different state as long as it was valid in the state in which it was executed.  In Arizona, any person eighteen (18) or more years of age who is of sound mind may make a will.  (See: Section 14-25101.)  “Sound mind” generally means someone who has not been deemed incompetent in a prior legal proceeding.

A Will must be in writing, signed by the testator and by two witnesses.  If the testator is unable to physically sign his name he may direct another party to do it for him.  This party may not be counted as one of the two required witnesses.  Each witness must either see the testator sign the Will or be told by the testator that the signature on the Will is his and must sign the Will in the testator’s presence and in the presence of the other witness.  (See: Section 14-2502).  

It is always a good idea to review your Will with an attorney every few years to make sure that everything is as you wish.  Any updates can be done by Codicil with out the need to draw up an entirely new Will.  The addresses are not a significant issue.  Good luck.


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