Moving to Another State

Moving to Another State

A will that is valid in one state would probably be valid to pass property in another state. If your will is self-proved, it might be admitted to probate without delay. However, if the will is not self-proved, then the witnesses to your will would need to be found and their oath taken to validate your will. In some states, a person would need to be appointed to take the oath of the witness, which would add to the time and expense of probating your will. It is advisable to execute a new will upon moving to another state.

Another advantage to having a new will is that it may help you avoid estate taxes in your former state.

Example: George and Barbara left their high-tax state and retired to Florida, which has no estate or inheritance taxes, but they never made a new will. Upon their deaths, their former state of residence tried to collect a tax from their estate because their old wills stated that they were residents of that state.