Is My Will Valid in Another State?

You may have put in a lot of time, effort, and commitment to finalize your Last Will and Testament. So, understandably, you may not want to worry about looking back at it ever again. But any attorney would say it is important to readdress this estate planning document whenever you undergo a significant life change. For example, if you move from one United States state to another. With that being said, please read on to discover whether your will is valid in another state and how a seasoned Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC can help you avoid any potential pitfalls.

Is my will enforceable in another state?

Generally speaking, your Last Will and Testament that is valid and enforceable in one state is the same for another. However, it is still in your best interest to review it, along with your other estate planning documents, when you move. This is because state-specific estate planning laws may constitute adding, removing, or modifying certain terms and conditions.

For example, say that you originally resided in a community property state (i.e., Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin). Then, say that you recently moved to the Commonwealth of Pennslyvania, which is a common law state. Well, with this you must understand that your spouse is no longer entitled to an equal share of your assets. Rather, only the assets obtained during your marriage. This alone may have you fix which assets you included in your will, along with which beneficiaries you assigned to each one.

What are state-specific rules for wills in Pennsylvania?

Upon your move to the Commonwealth of Pennsylvania, you must understand the common state-specific rules that make your will valid and enforceable. This may only require small changes to this estate planning document, but nonetheless necessary ones. Without further ado, these rules read as follows:

• You must have written or typed your will on paper rather than in a digital format.
• You must have been at least 18 years old and of sound mind when you established your will.
• You must have witnesses, if present, who are not your spouse or beneficiaries named in your will.
• You must not have established a holographic will (i.e., a handwritten will not signed by witnesses).

It is worth mentioning that, if you decide to modify your will, you must either draft an entirely new will or add a codicil. Then, you must destroy the original will. And in the new will, you must disclose how your original will is no longer in effect.

Now that you have this background knowledge, your next step should be to employ one of the competent Butler County estate planning & probate attorneys to represent you. So contact us at Heritage Elder Law & Estate Planning, LLC today.