Q: Do I need to create a new will if I move to another state?
A: While a validly executed will should be honored across state lines, the laws governing wills and estates can vary from state to state. As such, it’s advisable to have your will reviewed by an estate planning attorney in your new state after relocating. There are a few key reasons for this:
Witnessing requirements – States have different rules about the number of witnesses required and the formalities for executing a valid will. Your existing will may not meet the witnessing mandates in the new state.
Property disposition – Some states have unique laws about how property must be divided among heirs. Provisions in your current will may conflict with the new state’s laws. This is especially important in community property states like Arizona, California and others, where assets acquired during the marriage may be considered jointly owned.
Terminology – Estate planning documents use very precise legal terminology that may differ slightly across states. Terms in your will may have different legal meanings in the new state.
Tax laws – State laws regarding inheritance taxes, estate taxes and tax apportionments can impact how your will should be structured.
Marital property – If you are moving to or from a community property state, where most property acquired during the marriage is considered jointly owned by both spouses, you’ll want to update your will. Failing to do so could result in your assets being divided differently than you intended.
Q: How does the administration of a will work?
A: The administration of a will is the process by which the instructions and wishes laid out in a person’s last will and testament are carried out after their death. This process typically involves probate, which is a court-supervised proceeding to validate the will and oversee the distribution of the deceased’s assets.
Once the will is filed with the appropriate probate court, the court will appoint an executor or personal representative who is responsible for managing the estate. The executor’s duties include identifying and collecting the deceased’s assets, paying any outstanding debts and taxes and eventually transferring the remaining assets to the beneficiaries named in the will.
The probate process provides a legal framework to ensure the will is authentic and legally valid. It allows creditors to make claims against the estate and gives heirs an opportunity to contest the will if they believe there are grounds to challenge it.
Depending on the complexity of the estate and local laws, probate can take several months to over a year to complete. The executor must follow strict procedural rules, maintain accurate records, file reports with the court and obtain court approval for certain actions during probate.
Once probate is finalized and the court deems the estate has been properly administered according to the will, the remaining assets are legally transferred to the named beneficiaries and heirs.
This article is provided by your local estate planning attorney, Corina Colan.
The Law Office of Corina I. Colan / (909) 265-3315 / www.colanlegal.com
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