Legal Question in Wills and Trusts in Arizona

Use which state's laws for writing will?
I have a will that I wrote without a lawyer in NJ, witnessed and notarized. Since, I've divorced. Still want ex to be a beneficiary but not some others that were named. Before divorce I moved to AZ, might move to NV. I own no real estate, staying mobile for now. 1)Which state's probate rules take precedence if the old NJ will is still the only one when I pass? 2)Is ex still a beneficiary even tho NJ will says we're married, not divorced? 3)If I create a will in AZ do I need to make a new one if I move again? 4)Does executor have to reside in state where will was made? 5)Does will need to be filed with state or feds or can I just give a copy to the executor?

Thanks for your help.

Asked on 12/27/06, 8:51 pm

James Jenkins Jenkins Law Center PLC

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Re: Use which state's laws for writing will?

1) Probate is in the state of residency upon death.

2) Probably not. Make a new will.

3) No, if it is a valid legal AZ will.

4) No.

5) No. Original needs to be available to personal representative after your death, not just a copy.

Can't judge validity of do-it-yourself will, since can't review in person. Wills are cheap; get a lawyer. Good luck.

Answered on 12/28/06, 10:16 am

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