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Estate Planning Topics: Is my Last Will and Testament from Another State Valid in Alabama?

On the coast, we regularly have new residents moving in from another state, particularly our neighboring states: Florida, Georgia, Mississippi, Louisiana, and Texas. I’m frequently asked “Is the will I created in the State of ________ valid in Alabama?” The answer is found in Alabama Code § 43-8-135, which states: “A written will is valid if executed in compliance with section 43-8-131 or if its execution complies with the law at the time of execution of the place where the will is executed, or with the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.” In short, if the will was valid when it was created (executed) according to the law of the state where it was created (executed), then the will is valid in Alabama. 

However, after making a move across state lines, it’s a good time to take a look back at your will to make sure everything is up to date. Here are some examples of items in your will and general estate plan you should review:

  • Has the composition of your property changed to the point that portions of your will don’t make sense or the distribution scheme is no longer equitable?

  • Is there a family member who lives close to you who may be a better fit to serve as the executor of your estate?

  • Do you have new family members, such as grandchildren, that you would like to provide for in your estate plan?

If you have questions about estate planning in Alabama, preparing a will or estate plan, please call me at (251) 215-9275 or write me on the contact page to discuss how I can help.