Brenton C. McWilliams
Brenton C. McWilliams, Orange Beach Lawyer Attorney

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Estate Planning Topics: Is my Last Will and Testament from Another State Valid in Alabama?

Estate Planning Topics: Is my Last Will and Testament from Another State Valid in Alabama?

On the coast, we regularly have new residents who move in from another state, particularly our neighboring states: Florida, Georgia, Mississippi, Louisiana, and Texas. I’m frequently asked “Is the will I created in the State of ________ valid in Alabama?” The answer is found in Alabama Code § 43-8-135, which states: “A written will is valid if executed in compliance with section 43-8-131 or if its execution complies with the law at the time of execution of the place where the will is executed, or with the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.” In short, if the will was valid when it was created (executed) according to the law of the state where it was created (executed), then the will is valid in Alabama. 

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