Can an out of state Will be accepted in another state?

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Can an out of state Will be accepted in another state?

Asked on December 28, 2011 under Estate Planning, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, your out of state Will is valid in your new state of residence so long as it was executed ac­­­­­­­­­cording to the laws of the state where you previously resided. That having been said, even if your Will is valid in your new home state, it is impor­tant to have it reviewed. Due to differing state laws you may want to execute a new one. For example, if there are restrictions on who can be named to serve as your executor.   

Note:  A Will is good indefinitely or at least until it is revoked. However, based on life changes (death, divorce, the birth of a child, etc.) you may want to periodically update your Will.  This can be done via an amendment known as a "codicil" (this works best if the changes are minor) or by executing a new Will entirely (if the changes are more extensive). 


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