If my mom is terminally ill, is her out of state Will still valid?

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If my mom is terminally ill, is her out of state Will still valid?

She had it drawn up 36 years ago but now lives in another state. We do not have an attorney. What do we have to do when she passes?

Asked on December 10, 2014 under Estate Planning, North Carolina

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your situation.  A Will executed in one state is valid in another state.  State's recognize that one may move.  If there is a provision that violates state law or procedure, the rest of the Will generally stands and that provision is the only one that is modified (for example, in Florida only certain family members can inherit homes). When she passes the person who is the proposed Executor would file a probate petition in the county in which your Mother resided at the time of her death.  I am going to give you a link to a PDF from the North Carolina Courts to take a look at. Good luck.

http://www.nccourts.org/forms/documents/735.pdf


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