Do I Need A New Will If I Move To Another State?

A Will that is properly executed in one state is generally valid in another state. This is based on the Full Faith and Credit clause of the U.S. Constitution. 

That said, there are state-specific rules for the drafting and execution of Wills, and the probate process, that can vary from state to state. While all 50 states have adopted the Uniform Probate Code, each state has the discretion to tweak the Code language as it sees fit. These variations may impact certain provisions in your Will, and affect how the probate process may apply to your Will.

Different states may require different elements for a Will to be valid. Many states require that the Will be typed or printed. Other states allow hand-written Wills ("holographic" Wills). There may be variations as to notarizing a Will, and who must witness the signing.

Estate and inheritance taxes may differ from state to state.

Property laws can vary from state to state, and some provisions in a Will executed in one state may not be valid in some other states. In the majority of states, common law applies, wherein a spouse that acquires property solely and completely owns that property. However, nine states apply community property law. In this case, all property acquired by either spouse is owned jointly by both spouses. If you have a Will executed in a common law state and you move to a community property state (or vice versa), there are issues that may arise after you die.

Moving is exciting, but it can be stressful and filled with lots of tasks. When relocating to a new state, don't take chances with your estate plan. Seek a qualified estate planning attorney in your new state and have them review your existing Will. In addition, it would also be prudent for you to have the new attorney look over your Health Care Directive and Power of Attorney.

What's All This Holographic Wills Stuff, Anyway?

 

A holographic Will is a Will that is handwritten by the testator, then signed and dated by the testator. Holographic Wills are valid in about half of the states. Execution of a holographic Will does not include the the presence of witnesses to attest to its validity, and as such, a holographic Will is not deemed valid by Minnesota courts.

Minnesota law is unwavering in its requirements for the execution of a Will. Even if you are on your deathbed, any attempt to draft and execute a Will that omits the statutory formalities will result in an instrument that bears no legal validity.

Generally, a Will that has been validly executed in one state is recognized by the courts in Minnesota. However, that is not the case with holographic Wills. A holographic Will legally executed in a state where it's recognized will nevertheless be deemed invalid if probated in Minnesota. Minnesota courts simply do not recognize holographic Wills, regardless of where they were executed.

Two other types of Wills also not recognized by Minnesota courts are oral (nuncupative) Wills and electronic Wills.

Oral Wills are delivered orally to witnesses, and are typically a "dying declaration," later transcribed to writing by the witnesses within a short period of time after the testator's death. Oral Wills are valid in about 20 states.

Electronic Wills, where the Will is signed by the testator and witnessed remotely by Notaries (sometimes in another state). Electronic Wills are fairly new, but aren't gaining much traction with state legislatures. They are valid in only a handful of states at this time.

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This is another reason it is so important to craft your estate plan now, to ensure the security of your assets for your loved ones. Talking to a qualified Minnesota estate planning attorney is the first step.