Is Your Will Valid After You Move? How Relocation Affects Your Estate Plan
The short answer is that most states will admit a will to probate that was validly executed under the laws of another state based on the Full Faith and Credit Clause of the U.S. Constitution and basic principles of comity.
New York, in fact, has a statute directly on point; EPTL § 3-5.1 provides that a will executed outside the state is valid within the state if it is in writing, signed by the testator, and otherwise executed in compliance with the laws of New York, the jurisdiction in which the will was executed, or the jurisdiction in which the testator was domiciled, either at the time of execution or at the time of death.
New Jersey similarly provides, pursuant to N.J.S.A. § 3B:3-9, that a will be executed in compliance with New Jersey law is valid within the state regardless of where it was executed.
N.J.S.A. § 3B:3-9 further provides that a will that is not executed in compliance with New Jersey was executed, or the state or country where decedent was residing at the time of the will's execution or at the time of the decedent's death.
However, there are significant differences in the probate laws of each state that can make executing a new will a prudent decision.
Choice of Executor
Inheritance Tax
State-Level Estate Tax
Statutory Right of Election
Conclusion
If a client moves from one state to another, they should strongly consider consulting with local counsel. This ensures that their will is valid under the new jurisdiction and continues to align with their estate planning goals.
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client.
For further information please contact me at www.kmckernanlaw.comkevin@kmckernan.com or 718-317-5007.