Q: Do I need to create a new will if I move to another state?
A: Dear Curious:
Most states will accept a will that was executed properly under another state’s laws. However, there could be differences in the new state’s laws that make certain provisions in your will invalid.
Here are a couple things you should review in your will when moving:
Consider whether or not the executor you’ve chosen will be able to serve in that role in your new location. Every state will allow an out-of-state executor to serve, but some states have special requirements for executors, such as requiring them to post a bond. Other states require non-resident executors to appoint an agent who lives within the state to accept legal documents on behalf of the estate.
If you are married, consider how your new state treats marital property. While a common-law state might treat the property you own in your name alone as yours, community-property states treat all of your property as owned jointly with your spouse. If your new state treats marital property differently, you might need to draft a new will to ensure your wishes are honored.
If you’re moving to our state, meet with us, as your trusted family lawyer, to have your will and other planning documents reviewed.
This article is a service of Legacy Counsel PLC, a trusts and estates law firm in Saint Joseph, Michigan. We don’t just draft documents; we ensure that you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session. Or you can schedule your appointment online here. Mention this article to find out how to get this $750 session at no charge.