If you’re like most people, you’ve put a lot of time and effort into creating your will. You want to know that this will conveys your final wishes even if you move to a state different from the one you created it in.
Generally speaking, a will that is recognized in Texas will be recognized in any state a person happens to live in after it’s executed. This is typically the case even if the requirements for creating a valid will are different in the two states. However, if a state doesn’t honor certain types of wills, it doesn’t matter if the document was valid elsewhere. For example, Florida doesn’t recognize holographic or nuncupative wills.
What you can do
Therefore, those who reside there who had a holographic or nuncupative will would need to create a document that conforms to state law. A nuncupative will is one that is spoken aloud in front of several witnesses by a person who is dying or otherwise in peril. The testator’s words are, then, written down and submitted to a probate judge as quickly as possible. A holographic will is one that is written by hand and is signed by the person who wrote it.
Even if a will remains valid when a person moves to a new state, it may be necessary to alter certain parts of it. For instance, it may be necessary to name a new estate representative or take other steps to ensure that the will complies with state law. Those who are planning to move to a new state may want to consult an estate planning attorney to learn more about state will requirements.
Better guaranteeing your final wishes
When properly executed, wills may be effective estate planning tools for parents, married couples or single people. An individual may be able to use a will to appoint a guardian for a minor child or dictate where assets go after he or she passes. Legal counsel may be able to help a person create a document that meets his or her wishes and complies with state law.