Legal Question in Wills and Trusts in Georgia

While a will from another state MAY be valid here, it would be smart for her to have it reviewed, and, if appropriate, draft a new will.

In some cases, even if it is still valid, her present will could be less than optimal for making probate as easy and inexpensive as possible.

If she's in or near metro Atlanta I'd be glad to discuss this with her. My number is 404-768-3509.

I don't understand by what you mean by "filed." Wills generally are not "filed" prior to death, although some clerks of court will allow a testator (the person making the will) to file the will prior to death for a small fee. If that is what you are referring to, then check with the clerk of court in your mothrer's new county of residence to see if this is offered.

If you are referring to making a new will, it is not possible for any attorney here to advise you. We don't know what other state your mother lived in (if it was community property or other), if the will was drafted by an attorney or if other things have changed making a new will a necessary.

For example, even if the old will was done by an attorney, it may no longer be valid if beneficiaries have changed or certain bequests no longer exist.

Any time that somebody goes through a life changing event like marriage, divorce, birth or death of a child or beneficiary or a out-of-state move, then the person making the will needs to review it and see if it needs updated.

Wills are not all that expensive. To avoid leaving one's loved ones the legacy of a lawsuit, it is better to have the old will reviewed by an estate planning attorney and determine whether any changes or a whole new will needs to be made.

What I would suggest that is once you mother completes her move, that she see an estate planning attorney in her new county of residence. To be valid in Georgia, wills generally have to be signed by the testator and 2 disinterested wills (i.e., witnesses who are not receiving any benefit from the estate). To be self-proving, the will should be notarized. Everyone should have signed in front of each other and the notary.

If nothing has changed and the existing will complies with the above requirements, then it should be valid in Georgia..