Is a self-proving will drawn up in NY still valid if the person moves to PA?
2 Answers from Attorneys
If it conforms to PA law for self proving wills. The only way to find out is to have a PA attorney look it over.
Maybe. Assuming that the will was properly drafted in NY by an attorney and that it complied with NY law at the time it was written, then the will would be valid in PA.
Telling me that a will is self-proving tells me nothing. To be self-proving, a will has to be notarized. Notarization is not a requirement of state law. What is a requirement is that the will be witnessed by two or three people who are not beneficiaries under the will. PA only requires 2 witnesses; I am not licensed in NY so I don't know if they require 2 or 3 witnesses.
20 Pa.C.S.A. § 2504.1 - Validity of execution
A will is validly executed if executed in compliance with section 2502 (relating to form and execution of a will), or in compliance with the law of the jurisdiction where the testator was domiciled at the time of the execution of the will or at the time of his death.
20 Pa.C.S.A. § 2502 - Form and execution of a will
Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions:
(1) Words following signature. The presence of any writing after the signature to a will, whether written before or after its execution, shall not invalidate that which precedes the signature.
(2) Signature by mark.--If the testator is unable to sign his name for any reason, a will to which he makes his mark and to which his name is subscribed before or after he makes his mark shall be as valid as though he had signed his name thereto: Provided, That he makes his mark in the presence of two witnesses who sign their names to the will in his presence.
(3) Signature by another. If the testator is unable to sign his name or to make his mark for any reason, a will to which his name is subscribed in his presence and by his express direction shall be as valid as though he had signed his name thereto: Provided, That he declares the instrument to be his will in the presence of two witnesses who sign their names to it in his presence.
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