Colorado Springs, CO asked in Estate Planning and Probate for Colorado

Q: My mother had her will drafted in Colorado, but has moved to Texas before it was witnessed or signed.

She just got her drafted will from whoever drafted it in Colorado, but she currently lives in Texas. Can she get it signed/notarized in Texas? Would it still be considered legal since it was drafted in one state and notarized in another?

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1 Lawyer Answer
Kevin Michael Strait
Kevin Michael Strait
  • Estate Planning Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: Generally, Wills are made under the laws of the state where a person lives. A complete, valid, signed, notarized, and witnessed Will made in any state is usually good in other states, meaning a person with a completely formed Will can move to a new state and the Will is still valid. Unfortunately, Wills are state-specific when formed, and each state has certain formalities to make a Will valid. Though I cannot give you legal advice specific to your situation, there are many pro bono programs in Texas that can take a Colorado draft of a Will and create a version meeting Texas law. Consider asking a local bar association for help with a low cost or no cost program to re-create the Will under Texas law.

Michael Joseph Larranaga agrees with this answer

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