If a will is valid in one state, it generally will be valid in another. However, there are exceptions. If you move to or from Ohio, you should confirm with an attorney whether your will is still valid. Below are a few of the key validity issues to consider. They really support the why it is wise to seek the advice of an experienced estate planning attorney if you have moved; it would save a lot of headaches, and more, in the long run. Just read on for some hurdles you could face …
Proving Your Will In Ohio
Your will must be proved valid to the local court after your death. The states have differing requirements.
Witnesses All states require that you sign your will before two witnesses. However, state laws differ on whether:
- The witnesses must sign in front of you
- The will must be notarized
You must acknowledge that what you signed is a will In some states, bequests to witnesses listed as beneficiaries may be reduced or eliminated because of their interest in the will. If an interested witness is disqualified in your new state, your will could lack enough competent witnesses.
Many states allow your witnesses to sign a notarized affidavit indicating they saw you sign and acknowledged that the document is your will. After you die, this affidavit can show that your will is valid. However, Ohio does not accept self-proving affidavits.
Certain types of wills are not valid in all states. For example, a handwritten (holographic) will is not accepted in about half the states, and many others vary on the number of necessary witnesses. A few states allow oral wills, but generally only for soldiers in active service or persons near death. Spousal Gifts State law varies on these issues if you have left your spouse out of your will.
Most states, including Ohio, allow the surviving spouse to take a designated percentage of assets in the decedent’s estate, but half of these also include property not part of the estate, such as life insurance proceeds, trust property, shares of joint property, and marital gifts.
Nine “community property” states require the surviving spouse to receive half of the marital property, even if not named in the will. Alaska allows this by written agreement. However, in Georgina, your spouse can be fully disinherited, reffered to as, “Full Disheritance.”
Other Will Laws
- Reference to State Law – Many wills contain references to specific state statutes. Be sure your will reflects your new state’s laws.
- Ancillary Documents – Powers of Attorney and Living Wills should be changed, since local doctors, banks, etc. may refuse to follow forms of other states.
- Real Property – Real estate passing through your will must be probated in the state of its location. Therefore, if you own property in another state, your will would need additional probates.
Although moving between states is common, don’t assume your will from another state is valid in your new one. Consult with an estate planning attorney to make sure your affairs are in order.
Takeaway
Remember: “An ounce of prevention is worth a pound of cure.” When making your estate plans or when probating an estate or administering a trust, do not go it alone. Be sure to engage a Cincinnati estate planning attorney.
For more information about estate planning, probate, or trust administration in Cincinnati. (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate, or trust administration, visit my website. If you have questions regarding this article or a particular legal matter, feel free to contact me at