Personal framing: I once spent three months watching two siblings in North Carolina fight over a beach house because their father’s will was signed in a state that didn’t recognize “self-proving” affidavits the same way. It was heartbreaking. Truly. They spent more on legal fees than the house was probably worth in that market. Most people assume that once a lawyer hands you that fancy leather-bound folder, your job is done forever. It isn’t. Not even close.
Life is ambulatory. Your legal documents need to be just as mobile as you are, but the law moves a lot slower than a moving van. Between you and I, assuming your old will is “fine” is the fastest way to invite a probate judge into your family’s private business.
The state-to-state…
The portability of a US will. Generally speaking, most states will honor a will that was validly executed in the state where you lived when you signed it. This is based on the concept of “comity” and the Full Faith and Credit Clause of the Constitution. It sounds simple.
But the actual reality of the situation is that “valid” doesn’t always mean “effective.” If you move from a common law state to a community property state—think moving from New York to Texas—the way your assets are classified changes instantly. Your will might technically be valid, but the current status as it stands now regarding your spouse’s automatic rights could completely override your instructions. Gosh! Imagine leaving everything to your kids only to find out the law gives half of it to your new spouse regardless of what the paper says.
When the border…
International moves. This is where things get genuinely hairy. If you move to another country, a US-drafted will is about as useful as a screen door on a submarine. Many countries, especially in Europe or South America, have “forced heirship” laws.
Actually—wait—before I get into the inheritance—sorry, the point is that these countries don’t care about your “testamentary freedom.” They might require that a specific percentage of your estate goes to your children or spouse, no matter what your will says. Argh! (Aside: I knew a guy who moved to France and was shocked to learn he couldn’t disinherit his estranged son because the local Napoleonic Code simply wouldn’t allow it.) You should almost always have a “situs will” for assets in a foreign country.
Proving the actual…
The “Self-Proving” problem. In your old state, your witnesses might have signed an affidavit that allowed the will to go through probate without them showing up in person. In your new state, that affidavit might be formatted incorrectly.
If the judge doesn’t like the look of your out-of-state paperwork, your executor might have to track down those original witnesses from twenty years ago. Fragment. This is a nightmare. Medium length. People move, they change names, or they pass away. Very short. The actual reality of the situation is that if you can’t find them, your will might be stuck in a legal limbo that costs thousands to resolve.
The executor’s local…
Eligibility requirements. Some states are very picky about who can serve as an executor. Florida, for example, generally requires your executor to be either a resident of Florida or a blood relative.
If you named your best friend from college who lives in Oregon and then you move to a state with strict residency rules, they might be disqualified from serving. They’ll have to post a bond or appoint a local co-executor. It’s a lot of extra “hoop-jumping” that slows down the process. The devil is in the details.
Changing the tax…
Estate and inheritance taxes. Just because you don’t owe federal taxes doesn’t mean the state won’t take a bite. Some states have “inheritance taxes” where the beneficiaries pay based on their relationship to you.
- Moving to a state with no estate tax (like Florida or Nevada).
- Moving to a state with a low exemption (like Oregon or Massachusetts).
- Changes in how “tangible” versus “intangible” property is taxed.
- Impact on trusts, powers of attorney and healthcare proxies.
Your estate plan was built for one tax environment. Moving to a new one is like trying to play baseball with a hockey stick. It doesn’t work. Truly.
Getting the final…
The “Restatement” or new will. The safest route is always to have a local attorney review your plan the moment you get your new driver’s license. Usually, they can just do a simple “Codicil” or a fresh will that incorporates your old wishes but follows local “nuances.”
~~You can just cross out the old state name and write the new one in the margin with a pen.~~
Don’t do that. You’ll just invalidate the whole document. High-value moves deserve high-value legal reviews. The past history of probate courts is littered with “valid” out-of-state wills that caused ten years of litigation. Don’t let your legacy be a cautionary tale for the neighbors. It’s not worth the risk.
Handwritten-style note: Ask about a “Universal Will” or “International Will” if you plan on living abroad—there are specific treaties that make these much easier for foreign courts to accept!