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I’ve Moved. Can I Still Use my Will in my New State?

Even though a lot of people know that each state has its own laws about wills and estate planning, many people aren’t sure how those laws apply to practical situations, such as when you move to a new state. In general, if you live in, or have recently moved to Greensboro, North Carolina and have made a last will and testament in one state, that will is still good when you move to a new state. After you die, the state probate court will still accept your old will even if you created it in a different state. However, there are some issues you need to consider.

Witnesses

Every state requires that a probate court review your will to determine if it is legally valid. If you made your will in another state, the state in the new court will use the laws of your old state to determine if, when you made the document, you did so in accordance with the original state’s requirements. As part of this process the courts will ask the witnesses if they saw you sign the will. If your witnesses are located out-of-state they may not be able to testify. If the court cannot locate the witnesses your will may not be accepted.

Oral or Handwritten Wills

Even though every state allows you to create a printed will, a minority of states allow you to make handwritten or even verbal wills. However, if you move to a state which doesn’t recognize an oral or handwritten will as legally acceptable, the court may not accept your will if you made it in such a manner. In this situation it’s best that you speak to an estate planning attorney in Greensboro, NC about your old will.

If you have any questions regarding your Will and whether one made outside of North Carolina is valid, our office is happy to review your current documents. Call us today – 336.547.9999.

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