{"id":1641,"date":"2019-08-29T15:16:45","date_gmt":"2019-08-29T15:16:45","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?p=1641"},"modified":"2024-10-04T21:21:26","modified_gmt":"2024-10-04T21:21:26","slug":"wills-valid-across-state-lines","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/wills-valid-across-state-lines\/","title":{"rendered":"Are Wills Created in Arizona Valid Across State Lines?"},"content":{"rendered":"
There are a number of changes you need to consider when you move out of state, such as updating your address, voter registration<\/a>, and your estate plan. As long as your will<\/a> was legally executed in your original state, it will still be valid when you move to another one. Wills, in addition to revocable trusts, are honored in every state.<\/p>\n However, moving does come with some unique considerations for your estate plan, including guardianship<\/a>, updating information, and more. Although your will should remain valid in your new location, it never hurts to consult a legal professional to make sure. It\u2019s best to review your estate plan regularly and after any major life changes, so this is a good chance to do so.<\/p>\n Community property laws (if applicable) are something you must consider when you move. Arizona is a community property state<\/a>, meaning that you and your spouse both own anything you acquired during your marriage. If you\u2019re moving to Arizona or out of state, the rules about marital property can change in accordance with the laws in the new state. You may need to adjust your will to align with these new rules.<\/p>\n Your executor<\/a> is the individual you choose to take care of your estate\u2019s affairs after you pass on. Their duties will typically include collecting property, paying off taxes and bills, and distributing the remaining assets among the named beneficiaries. Check into the state laws where you\u2019re moving regarding who can fulfill the executor role for your estate.<\/p>\n While some states allow the executor to live out of state, others require the executor to live in the area or to be related to you by blood or marriage. In most cases, having a local executor is best, so you might want to change your will to reflect this after you move.<\/p>\n If you\u2019ve already named a beneficiary for your retirement account, bank account, or insurance policy, it should still apply regardless of where you live. Your beneficiary designation is an agreement made with the insurance agency, retirement account custodian, or bank that controls the asset. However, one factor you should consider is keeping your contact details and the information for your beneficiaries updated after you move.<\/p>\n Estate plans are often time-consuming and costly to make, but fortunately, most people won\u2019t have to start over completely when they move to a new state. For others with a more complicated situation, it might be worthwhile to get an entirely new set of documents that satisfy the legal requirements in their new state. As long as you know what your goals are for your heirs, this process shouldn\u2019t take long.<\/p>\n If it\u2019s been a few years since you updated your documents or you\u2019ve undergone a major change (like a divorce or move out of state), your attorney can help you make sure the documents are legally valid. Whether you need to make a new will or just update some details on your estate plan, getting the documents approved by a lawyer first is best.<\/p>\n Here are some common questions people have about wills and estate planning in Arizona:\u00a0<\/span><\/p>\n If you pass on without a will, the state will determine who is to receive the assets you leave behind (usually your spouse or children). Keep in mind that this plan may not align with your wishes and that a will is your chance to outline how your assets are to be distributed to support your desires.<\/p>\n Your will won\u2019t govern how certain assets (also known as non-probate property) are transferred, which pass according to a beneficiary designation contract or by operation of the title. For instance, if you have an asset with rights of survivorship<\/a> applied, it will go automatically to whoever is named as the surviving owner.<\/p>\n Similarly, an insurance policy or IRA will usually pass to the beneficiary you named once you pass on, regardless of the terms in your will.<\/p>\n You will need to cancel the first guardianship in your original state and get another one after you move. The courts in the first state won\u2019t have jurisdiction over the matter after you move to a new state, so this is important to remember.\u00a0<\/span><\/p>\n A revocable living trust<\/a> is a tool for estate planning that determines who will receive your property upon death. It\u2019s called a \u201cliving trust\u201d because you make it (and can alter the terms at any time) during your lifetime. A revocable living trust should remain valid regardless of which state you signed it in. However, it\u2019s still worthwhile to double check with a lawyer to ensure that the terms are legally sound.<\/p>\n When you\u2019re moving to a new state, there\u2019s a lot to think about. Having a secure and updated estate plan is imperative for preserving your assets and making sure they go to the correct people once you pass on.<\/p>\n Every family situation is unique, so working with an estate planning attorney<\/a> may help you determine the best tools to use. This valuable assistance is available for creating an estate plan from the ground up, updating your will, or just getting some of your questions answered.<\/p>\nWhat to Consider When You Move<\/h2>\n
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Marital Property Laws in Arizona<\/h2>\n
Your Executor<\/h3>\n
What About Beneficiaries?\u00a0<\/span><\/h3>\n
How Working With an Attorney Can Help<\/h2>\n
Frequently Asked Questions on Estate Planning and Wills<\/h2>\n
Q: What will happen if I don\u2019t make a will before I die?\u00a0<\/span><\/h3>\n
Q: Which of my assets aren\u2019t covered by a will?\u00a0<\/span><\/h3>\n
Q: Will my guardianship still be valid in my new state?\u00a0<\/span><\/h3>\n
Q: Will my revocable living trust still be valid once I move?\u00a0<\/span><\/h3>\n
What to Do if You Need Help With a Will in Arizona<\/h2>\n