Is My Will Still Valid if I Move To Another State?
If you properly executed a will while living in another
state and then moved to Washington, Washington state law provides that the will
as a whole is still valid. However,
don’t be too quick to cross that off your mental check-list. While your Will itself may still be valid,
there may be some differences between Washington law and your old state’s laws
that may make certain provisions of
the will invalid.
Property laws can vary from state to state. It is especially important to have your
estate plan reviewed if you move from a separate property state to a community
property state (or vice versa). Washington is one of a handful of community
property states. In a separate property
state each spouse’s property is owned individually, while in a community
property state, property acquired during the marriage is considered the
property of each spouse.
Other considerations are whether there is any language you
can add to the Will to make it easier to probate in Washington and whether it
still makes sense to keep your chosen executor based on your new location. Other parts of your estate plan may need
updating as well. For example, your old
state may have different rules for powers of attorney or health care
So if you move to a new state be sure to review your estate plan with an attorney to make sure it will still meet your objectives.