Do Out-of-State Wills Need to be Updated?

by | Aug 9, 2019 | Uncategorized | 0 comments

 Do out-of-state Wills need to be updated?  Not usually.

If you’ve moved here from another state and had a Will prepared in that state, you may wonder if Will work in Idaho.

Our advice is to check two things.

First, was the Will witnessed by two people who signed as witnesses?  If the Will has only one witness, or none, then it needs to be updated.  If it had the usual two witnesses, Idaho will regard it the way home-grown Wills are treated.

Second, are there any provisions in the Will that you would like to change?  Would you like to reallocate the division of your property and possessions among your heirs?  Would you prefer a different person to serve as your Executor?  Different guardians for you minor children?  If so, then a new Will would be appropriate.

But, if the Will was signed by two witnesses and you’re still happy with all of the provisions in it, there is not reason to have your Will reviewed or revised.  It should still work just fine here in Idaho.


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Daniel Patchin

Benjamin Monaghan, Attorney

Benjamin Monaghan