out of state willI
Is a will created in New York State valid in georgia? If so meone moves from New York to Georgia bringing with them the will they got in N.Y. can that will be used to settle an estate if the person is a perminent resident of georgia. I think it would be o.k.,but my lawyer suggests that I need a new will,one that was written in georgia.
1 Answer from Attorneys
Re: out of state willI
Generally speaking, a will that is valid in one state remains valid when you move to another state. So it is likely (though I can't say for certain without seeing the will) that your New York will is valid here in Georgia. However, even though it may be valid, there are still reasons to consider executing a Georgia will. First, the "self-proving affidavit" rules may be different in New York, which might make the probating of your NY will more time-consuming and costly for your executor. Second, there are different rules for property ownership, especially if you still own New York real estate or securities accounts, which would need to be addressed. Third, it might make sense to name a Georgia resident as executor (or alternate executor) for your estate. You might want to discuss these issues again with your attorney to decide if it makes sense for you to create a new will here in Georgia.
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