Is the will you created in another state valid here in Nevada?

On Behalf of | Jul 8, 2021 | Estate Planning

While many individuals stay put in the same place their whole life, others relocate from one state to another. This can mean that you have a will that you developed when you were living in another state.

Questions may arise as to the validity of a person’s will once they relocate to a new area. You may need to revisit your will and the rest of your estate plan if you’ve recently moved to Nevada to ensure that it’s valid here.

Why should I review my will when I move to a new state?

In most cases, wills that are valid in one state are equally valid in another. There are exceptions, however.

Nevada, for example, doesn’t recognize “nuncupative” (oral) wills, yet other states do in some cases. So, if you happen to have moved from Texas to Nevada, you may need to revisit your will and execute it differently for it to be valid here.

As another example, “holographic” (handwritten) wills are valid here in Nevada. In other states, this is not a valid type of will. You may find that you have additional options when it comes time to revise your will here in Nevada.

You need to also look at details such as whether the witnesses that signed your will meet the necessary requirements. Each state has a different number of witnesses you must have, distinct age requirements they must meet and the relationship they can have with you.

Another detail that you’ll need to address is whether your personal representative you previously selected in the other state qualifies to be one here in Nevada. Each state has its requirements as to who can fulfill such a role.

One of the worst things that can happen is for you to have a will in another state, assuming that it will be valid here in Nevada only for your loved ones to learn that not the case once you’ve passed away. There’s a wealth of information here on our website about what constitutes a valid will here in Nevada that can aid you in determining whether yours could use a review and revision.

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