If you have recently moved to Virginia, you may have wondered if your will is valid in the state. The short answer is yes, but there are specific statutes you must understand to avoid potential hurdles for your loved ones.
What state law says about the matter
Under Virginia law, the courts recognize the will you made in another state. A judge will honor your out-of-state will for personal property only if you properly executed it in compliance with the laws of your previous state. Upon your death, it is important to note that your family needs to secure an authenticated copy of your will and the probate certificate.
What to do with your real estate in Virginia
Historically, your will must meet Virginia’s specific signature and witness requirements to transfer real estate. Fortunately, there are ways to fix this. If your will has a Self-Proving Affidavit according to the laws of your previous state, the courts will accept it as valid for transferring land or houses here.
If your will is not self-proved, you must show that your document correctly satisfies Virginia’s rules on signing and witnesses. The courts may treat your will as valid if it fails to meet the requirements, provided there is clear and convincing evidence of testamentary intent. With that said, it would be best to update your will according to local regulations.
Navigating Virginia laws with help
Moving to Virginia can be stressful, especially when you think about your will’s enforceability. While state law can recognize your out-of-state will, seeking assistance from an attorney can be a valuable resource. Having them review your will can open doors for updating to ensure your document is compliant with the law.
