Wills and Estates

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How is a will revoked in this state?

Executing a new will revokes any prior wills either by expressly stating or by inconsistent provisions.  The testator can revoke a will by destroying, canceling or obliterating it with the intent of revoking it.  Another person can revoke the testator's will in the same manner in the testator's presence and at his or her direction.  A testator can also execute a separate signed document that declares the will is revoked and is signed and attested to in the same manner as a will.  (Section 755-5/4-7)  A divorce or annulment revokes any provisions as to the former spouse, and the will takes effect as if the former spouse died before the testator.  (Section 755-5/4-7)  Please see specific state for details and/or differences.

 

ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA 
 GEORGIA | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND 
 MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA 
 NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO 
 OKLAHOMA | OREGON | PENNSYLVANIA | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE 
 TEXAS | UTAH | VERMONT | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING

ALABAMA
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. The testator can revoke a Will by destroying, canceling or obliterating it. Another person can revoke the testator's Will in the same manner with the consent and direction of the testator and the presence of at least two witnesses. If a divorce or annulment is obtained after executing a Will, any provisions relating to the former spouse are revoked. Property devised to the former spouse is treated as if the spouse died before the testator. (Section 43-8-136, 137).

ALASKA
Executing a new Will revokes any prior Wills either by express provisions or by inconsistent provisions. Additionally, a Will can be revoked by being canceled, obliterated or destroyed with the intent and purpose of revoking it. The testator may revoke a Will in this manner or may direct another person to revoke his/her Will in the testator’s presence and at the testator’s direction. (Code Section 13.11.180). A divorce or annulment will revoke any provisions in favor of the former spouse. (Code Section 13.11.185). These provisions are interpreted as if the spouse died before the decedent.

ARIZONA
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. The testator can revoke a Will by destroying, canceling or obliterating it with the intent of revoking it. It is not necessary that the cancellation have touched any of the words on the Will. Another person can revoke a testator's Will in the same manner with the consent and direction of the testator in his or her presence.  (Section 14-2507) In the case of divorce or annulment, any provisions in favor of the former spouse or issue of the former spouse who are not also issue of the testator are revoked. Such property then passes as if the former spouse had died before the decedent. (Section 14-2508)

ARKANSAS
Executing a new Will revokes any prior Wills whether by expressly stating or by inconsistent provisions. The testator can revoke a Will by destroying, canceling or obliterating it with the intent of revoking it. Another person can revoke the testator’s Will in the same manner with the consent and direction of the testator in the presence of the testator. If only part of the Will is revoked, it is not necessary to re-attest the remainder of the Will. (Section 28-25-109) A debt or encumbrance incurred after execution of the Will does not revoke any part of the Will, but the beneficiary of the encumbered property will take this property subject to the debt. (Section 28-26-105) A divorce revokes all provisions in favor of the former spouse. (Section 28-25-109)

CALIFORNIA
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. The testator can revoke a Will by destroying, canceling or obliterating it with the intent of revoking it. Another person can revoke the testator's Will in the same manner with the consent and the direction of the testator and in the testator's presence. (Section 6120)

Divorce or annulment revokes provisions of the Will relating to the former spouse. (Section 6122) If a person marries after making a Will, the Will is revoked as it relates to the new spouse, unless the parties had some type of premarital agreement or the spouse is provided for outside of the Will in a manner that was intended to substitute for any Will provisions. A Will may specifically state that there is no intention to make a provision for a surviving spouse. (Section 6560, 6561)

COLORADO
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. The testator can also revoke a Will by destroying, canceling or obliterating it with the intent of revoking it. Another person can revoke a testator's Will in the same manner with the consent and direction of the testator and in the presence of at least 1 witness. (Section 15-11-507) Partial revocation of a Will is also allowed by these acts. A former spouse, because of divorce or annulment, is not considered to be a surviving spouse under the Will.

CONNECTICUT
Executing a new Will revokes any prior Wills. The testator can revoke a Will by canceling, tearing or obliterating it, with the intent of revoking it. Another person can revoke the testator's Will in the same manner with the consent and direction of the testator. A subsequent marriage, divorce, or birth of a child completely revokes a Will.  (Section 45-162)

DELAWARE
Executing a new Will revokes any prior Wills. Also, a writing revoking a Will which is signed by the testator and attested and subscribed to by at least 2 credible witnesses will be considered a valid revocation of a Will. A testator can revoke a Will by canceling it or by directing some other person to cancel it at his direction and in his presence. (Section 12-208) A divorce also revokes any provisions in a Will as to a former spouse. The property then passes as though the spouse had died before the decedent. (Section 12-209)

FLORIDA
Executing a new Will revokes any prior Wills by expressly stating or by inconsistent provisions. A testator may also revoke a Will in writing, provided it is executed with the same requirements used in the execution of a Will. A testator can revoke a Will by destroying, canceling or obliterating it with the intent of revoking it.  (Section 732.505) A Will is made void in the case of a dissolution of marriage only as to the provisions affecting the former spouse. (Section 732.507)

GEORGIA
Executing a new Will revokes a prior Will. A testator can revoke a Will by destroying the Will, with the intent to revoke it. If there is more than one executed copy, destruction of one of the copies will indicate the required intent. A Will is also revoked by divorce, a subsequent marriage, or the birth of a child, unless the Will provided for the happening of these events. (Section 53-2-76)

HAWAII
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. The testator can revoke a Will by destroying, canceling or obliterating it with the intent and purpose of revoking it. Another person can revoke the testator's Will in the same manner with the consent and direction of the testator.  (Section 560:2-507) In the case of a divorce or annulment, any provisions in the Will in favor of the former spouse or issue of the former spouse who are not also issue of the testator are revoked. This property passes as if the former spouse died before the decedent.  (Section 560:2-508)

IDAHO
Executing a new Will revokes any prior Wills by expressly stating or by inconsistent provisions. The Will may also be revoked by being burned, torn, canceled, obliterated, or destroyed with the intent and purpose of revoking it by the testator. Another person may revoke the testator’s Will in the same manner in the testator’s presence and at his or her direction. (Section 15-2-507). A divorce or annulment revokes any provisions in favor of the former spouse.

ILLINOIS
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. The testator can revoke a Will by destroying, canceling or obliterating it with the intent of revoking it. Another person can revoke the testator's Will in the same manner in the testator's presence and at their direction. A testator can also execute a separate signed document that declares the Will is revoked and is signed and attested to in the same manner as a Will. (Section 755-5/4-7) A divorce or annulment revokes any provisions as to the former spouse, and the Will takes effect as if the former spouse died before the testator. (Section 755-5/4-7)

INDIANA
A Will may be revoked by a written document signed and attested to in the same manner as is required for a Will. The only way to partially revoke a Will is by this type of written instrument. The testator can also completely revoke a Will by mutilating or destroying it, with the intent of revoking it. Another person can revoke the testator's Will in the same manner with the consent and direction of the testator. (Section 29-1-5-6) In the case of divorce or annulment, any provisions relating to the former spouse are revoked. (Section 29-1-5-8)

IOWA
Executing a new Will revokes any prior Wills. The testator can revoke a Will by canceling or destroying it, with the intention of revoking it. Another person can revoke the testator’s Will in the same manner at the direction of the testator. In order to cancel the Will, the cancellation must be witnessed under the same procedure used for executing a Will. (Section 633.284)

KANSAS
Executing a new Will revokes any prior Wills. The testator can also revoke a Will by executing another writing setting forth the revocation. This other writing must be executed according to the formalities for executing a Will. A testator can revoke a Will by destroying, canceling or obliterating it with the intent of revoking it. Another person can revoke a testator’s Will in the same manner in the testator’s presence and at his direction. A marriage or birth of a child after execution of a Will automatically will revoke the Will. Also, a divorce will revoke any provisions in favor of the former spouse. (Section 59-610, 611)

KENTUCKY
Executing a new Will revokes any prior Wills as does a writing executed in the same manner as a Will, declaring the intention to revoke the Will. The testator may also revoke the Will by destroying, canceling or obliterating the Will. Another person can revoke the Will in the same manner with the consent and at the direction of the testator. (Section 394.080).

The marriage of the testator will generally revoke any previous Wills. A divorce or annulment will revoke any provisions made in favor of the former spouse. The property not passing to the former spouse then passes as if the spouse died before the testator. (Section 394.092). There are different rules for Wills executed prior to 1990 for those who subsequently divorce.

LOUISIANA
A Will can be intentionally revoked by the testator by a destruction of the Will. A Will is also revoked when the testator formally declares in writing that he or she revokes a Will. (Section 1691) A Will is revoked by a subsequent birth or adoption of a child unless the Will provides for this contingency. (Section 1705).

MAINE
Executing a new Will revokes any prior Wills by expressly stating or by inconsistent provisions. The Will may also be revoked by being burned, torn, canceled, obliterated, or destroyed with the intent and purpose of revoking it by the testator.  Another person may revoke the testator’s Will in the same manner in the testator’s presence and at his or her direction. (Section 2-507). A divorce or annulment revokes any provisions in favor of the former spouse. (Section 2-508).

MARYLAND
A Will can be revoked by executing a new Will which either expressly states revocation or by implication. A Will can also be revoked by canceling, burning or obliterating the Will by the testator or by another person in the testator’s presence and at his or her direction. A subsequent marriage followed by the birth or adoption of a child will also revoke a Will. In the event of divorce or annulment, the provisions in favor of the former spouse are revoked. (Section 4-105).

MASSACHUSETTS
A Will can be revoked by another writing which is executed with the same formalities as a Will. A Will can also be revoked by changes in the testator's condition under circumstances which may imply revocation (such as execution of a new Will). A Will can also be revoked by tearing, canceling or obliterating it with the intent of revocation either by the testator or by another person at the testator’s direction and in his or her presence. (Chapter 191, Section 8). Subsequent marriage is considered a revocation of a Will unless the Will states otherwise. A divorce or annulment will revoke provisions in favor a former spouse. Such property passes as if the former spouse died before the testator. (Chapter 191, Section 8, 9)

MICHIGAN
Executing a new Will revokes any prior Wills either in whole or in part. A Will may also be revoked by destroying the Will with the intention of revoking it. A subsequent divorce or annulment will revoke all provisions in favor of the former spouse and such property passes as if the former spouse died before the testator. (Section 700.124)

MINNESOTA
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. A Will can also be revoked by being destroyed, canceled or obliterated with the intent and purpose of revoking it. Another person can also revoke the testator's Will in the same manner in the testator's presence and at his or her direction. (Section 524.2-507) A divorce or annulment revokes any provisions in favor of the former spouse. Property that would have passed to the former spouse passes as if the spouse died before the decedent. (Section 524.2-508)

MISSISSIPPI
Executing a new Will revokes any prior Wills. Also, a declaration in writing stating the intention of revoking a Will is valid if made and executed in the same manner as a Will. A Will can also be revoked by the testator destroying, canceling, or obliterating the Will. Another person may revoke the testator's Will in the same manner in the testator's presence at his or her discretion. (Section 91-5-3)

MISSOURI
Generally, executing a new Will revokes any prior Wills. A testator may also revoke a Will by destroying, canceling, or obliterating it with the intent of revoking it. Another person can revoke a testator's Will in the same manner, in the testator's presence and at his or her direction. (Section 474.400) A divorce revokes all provisions in favor of the former spouse, and such property passes as if the former spouse had died at the time of divorce. (Section 474)

MONTANA
A Will is revoked by executing a new Will which revokes the prior Will expressly or by inconsistent provisions. A Will may also be revoked by being burned, torn, canceled, obliterated, or destroyed, with the intent and purpose of revoking it. Either the testator can destroy the Will or another person can destroy a testator's Will in the testator's presence at his or her direction. A later divorce or annulment revokes any provisions in favor of the former spouse. This property passes as if the former spouse died before the decedent.

NEBRASKA
A Will is revoked by executing a new Will which revokes the prior Will expressly or by inconsistent provisions. A Will may also be revoked by being burned, torn, canceled, obliterated, or destroyed with the intent and purpose of revoking it. Either the testator can destroy the Will or another person can destroy a testator's Will in the testator's presence at his or her direction. A later divorce or annulment revokes any provisions in favor of the former spouse. This property passes as if the former spouse died before the decedent. (Uniform Probate Code 2-507)

NEVADA
Executing a new Will revokes prior Wills. A Will may also be revoked by destroying, canceling or obliterating it with the intention of revoking it. It is also possible that a revocation could be implied from changes in the testator's condition or circumstances.  (Section 133.120) If a marriage occurs after making a Will, the Will is revoked as to the surviving spouse, unless the spouse is provided for in a marriage contract or in the Will.  (Section 133.110) A subsequent divorce or annulment revokes every provision in favor of the former spouse. (Section 133.115)

NEW HAMPSHIRE
Executing a new Will revokes any prior Will, as does some other writing which evidences the intent to revoke the Will and is executed in the same manner as a Will.  A Will may also be revoked by destroying, canceling or obliterating the Will by the testator. Another person may revoke the testator's Will in the same manner with the testator's consent and in his or her presence. (Chapter 551 Section 13, 14) A subsequent marriage or birth of a child could be a change of circumstances implied by law to revoke a Will.

NEW JERSEY
Executing a new Will revokes any prior Wills either expressly or by inconsistent provisions. A Will may also be revoked by destroying, canceling or obliterating the Will with the intent and purpose of revoking it by the testator. Another person can also revoke the testator's Will in a similar manner in the testator's presence and at his or her direction. (Title 3B Chapter 3 Section 13) A subsequent divorce or annulment revokes any provisions in favor of the former spouse unless the Will specifically provides otherwise. The property that would have passed to the former spouse passes as if the spouse died before the decedent. (Title 3B Chapter 3 Section 14)

NEW MEXICO
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. A Will may also be revoked by destroying, canceling or obliterating it with the intent of revoking it. This can be done by the testator or by some one else in the testator's presence and at his or her direction. (Section 45-2-507) A subsequent divorce or annulment revokes any provisions in the Will in favor of the former spouse unless the Will expressly provides otherwise. (Section 45-2-804)

NEW YORK
Executing a new Will revokes a prior Will as does another writing which clearly indicates an intention to revoke a Will and is executed with the same formalities required in executing a Will. A Will may also be revoked by canceling, destroying or obliterating it with the intent and purpose of revoking it. This can be done by the testator or by another person in the testator's presence and at his or her direction.  Where the revocation is done by another person, there must be at least 2 witnesses available to prove the revocation, and neither may be the one who performed the revocation. (NY Law EPTL Section 3-4.1) A subsequent divorce revokes any provisions made in favor of the former spouse, unless the Will provides otherwise. (NY Law EPTL Section 5-1.4)

NORTH CAROLINA
Executing a new Will revokes any prior Wills as does another type of writing, as long as it is executed in the same manner required for written Wills. A Will may also be revoked by destroying it with the intent to revoke it. The Will may be destroyed either by the testator or by another person in the testator's presence and at his or her direction. (Section 31-5.1) A subsequent divorce or annulment revokes any provisions in favor of the former spouse. (Section 31-5.4) A Will is not revoked by a subsequent marriage. (Section 31-5.3)

NORTH DAKOTA
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. A Will may also be revoked by being burned, torn, canceled, obliterated, or destroyed with the intent and purpose of revoking it. The Will can be destroyed either by the testator or by another person in the presence and at his or her direction. (Uniform Probate Section 2-507)

OHIO
Executing a new Will revokes any prior Wills. A Will may also be revoked by canceling, obliterating or destroying it with the intention of revoking it. This can be done either by the testator or by another person in the testator's presence and at his or her direction. (Section 2107.33) A Will may not be partially revoked, except by the execution of a codicil. A subsequent divorce revokes any provisions in favor of the former spouse, and such property is treated as if the spouse died before the decedent. (Section 2107.33)

OKLAHOMA
Executing a new Will revokes any prior Wills. The testator can also revoke a Will by executing a writing with the same formalities required for the execution of a Will.  A Will may also be revoked by being burned, canceled or destroyed with the intention of revoking it, either by the testator or by another person in the testator's presence and at his or her direction. (Section 84-101) A subsequent divorce or annulment revokes all provisions in favor of the former spouse. (Section 84-114)

OREGON
Executing a new Will revokes any prior Wills. A Will may also be revoked by being destroyed, canceled, or obliterated with the intent and purpose of revoking it. The testator may revoke a Will in this manner or another person may do so at the direction and in the presence of the testator. However, if another person destroys the Will, this must be proved by at least 2 witnesses. (Section 112.285) A later marriage also revokes the Will unless the Will specifically shows an intent that it should not be revoked, or the testator and spouse entered into a premarital agreement before marriage. (Section 112.305) A subsequent divorce or annulment revokes any provisions in favor of the former spouse, and such property is treated as if the former spouse died before the testator. (Section 112.315)

PENNSYLVANIA
Executing a new Will revokes any prior Wills. A Will may also be revoked by some other writing which is executed and proved with the same formalities as a Will.  The testator may also burn, cancel, or obliterate the Will or the testator can direct another person to do this in the testator's presence. (Section 20-2505) If the testator marries after executing a Will, the surviving spouse is entitled to take the share he or she would have been entitled to if the testator had died without a Will, unless the Will provides for the spouse. In the case of a subsequent divorce, all provisions in favor of the former spouse are revoked. (Section 20-2505, 2507)

RHODE ISLAND
Executing a new Will revokes any prior Wills. A Will may also be revoked by a writing indicating an intention to revoke the Will and executed with the same formalities as a Will. A Will may also be revoked by burning, tearing or otherwise destroying the Will either by the testator or by another person in the testator's presence and at his or her direction with the intention of revoking the Will. (Section 33-5-10) A subsequent marriage will revoke a Will unless it appears the Will was made in contemplation of the marriage. (Section 33-5-9) A divorce revokes any provisions in favor of the former spouse unless it appears the Will was made in contemplation of the divorce. (Section 33-5-9)

SOUTH CAROLINA
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. The testator can also revoke a Will by destroying, canceling or obliterating it with the intent and purpose of revoking it. This destruction of the Will can either be done by the testator or by another person acting at the testator's direction and in his or her presence. (Section 62-2-506) A divorce or annulment revokes any provisions in favor of the former spouse. Such property passes as if the former spouse died before the decedent. (Section 62-2-507)

SOUTH DAKOTA
Executing a new Will revokes any prior Wills either by expressly stating the revocation or by inconsistent provisions. The testator is presumed to have intended a subsequent Will to replace rather than supplement a previous Will if it makes a complete disposition of the estate. A Will may also be revoked by being canceled, obliterated or destroyed with the intent and purpose of revoking it, either by the testator or by another person in the testator's presence and at his or her direction. (Section 29A-2-507) If the testator subsequently marries and dies leaving a surviving spouse or issue from that marriage, the Will is revoked unless provision is made in the Will for the spouse and the issue. (Section 29-3-7,8) A subsequent divorce or annulment revokes any provisions in favor of the former spouse. (Section 29A-2-802)

TENNESSEE
Executing a new Will revokes any prior Wills either by expressly stating the revocation or by inconsistent provisions. A Will is also revoked by being physically destroyed with the intent and purpose of revoking it. A subsequent marriage of the testator and the birth of a child after execution of a Will revoke the Will. A later divorce of a marriage which occurred after the execution of the Will does not revive the prior Will. (Section 32-1-201) A divorce or annulment revokes any provisions in favor of the former spouse and such property passes as if the spouse died before the testator. (Section 32-1-102)

TEXAS
Executing a new Will revokes any prior Will, as does a writing executed with the same formalities as a Will. A Will can also be revoked by destroying or canceling it either by the testator or by another person in the testator's presence. (Probate Code Section 63) A subsequent divorce revokes all provisions relating to the former spouse.  (Probate Code Section 69) A subsequent marriage of the testator does not revoke the Will.

UTAH
Executing a new Will revokes any prior Wills either by expressly stating or by inconsistent provisions. A Will may also be revoked by being canceled, obliterated or destroyed with the intent and purpose of revoking it. The Will may be revoked either by the testator or by another person in the testator's presence and at his or her direction.  If a Will had been executed in duplicate, revoking one of the duplicates is sufficient. (Section 75-2-507) A subsequent divorce or annulment will revoke any provisions in favor of the former spouse. Such property passes as if the former spouse died before the decedent. (Section 75-2-507, 508)

VERMONT
Executing a new Will revokes any prior Wills. A Will may also be revoked by burning, tearing, canceling or obliterating it with the intention and purpose of revoking it.  (Section 14-11) A subsequent marriage or birth of a child does not revoke a Will.

VIRGINIA
Executing a new Will revokes any prior Wills, as does a writing stating the intent to revoke the Will executed with the same formalities as a Will. A Will may also be revoked by mutilation or destruction, either by the testator or by another person in the testator's presence and at his or her request, with the intention and purpose of revoking the Will. If a testator executes a later Will or Codicil which only partially revokes a prior Will, the prior Will remains effective as to the provisions not specifically revoked or which are not inconsistent with the later Will. (Section 64.1-58.1) If the original Will cannot be found at the time of death, there is the presumption that it was destroyed by the testator with the intent of revoking it. A subsequent divorce or annulment revokes any provisions in the Will in favor of the former spouse, and such property passes as if the former spouse had died before the testator. (Section 64.1-5)

WASHINGTON
Generally, executing a new Will revokes any prior Wills. A Will may also be revoked by being canceled, destroyed or obliterated with the intent and purpose of revoking it. This can be done either by the testator or by another person in the testator’s presence and at his or her direction. If done by another person, 2 witnesses must prove that it was done at the direction of the testator, and a description of the destruction or revocation must also be proven. (Section 11.12.040) A subsequent marriage revokes the Will as to the surviving spouse, unless the spouse is provided for in the Will or in some type of marital agreement. Also, a subsequent divorce revokes any provisions in favor of the former spouse. (Section 11.12.050)

WEST VIRGINIA
Executing a new Will generally revokes any prior Wills. A separate writing declaring an intent to revoke is valid if executed with the same formalities as a Will. A Will may also be revoked by mutilation, cancellation or destruction of the Will, or the signature to the Will. This may be done by either the testator or by another person in the testator’s presence and at his or her direction with the intent and purpose to revoke the will. (Ch. 41, Art.1, Section 7) A subsequent divorce or annulment revokes any provisions in favor of the former spouse. Such property then passes as if the former spouse died before the decedent. (Ch. 41, Art. 1, Section 6)

WISCONSIN
Executing a new Will revokes any prior Wills, either by expressly stating or by inconsistent provisions. A Will may also be revoked, in whole or partially, by burning, canceling or obliterating the Will with the intent to revoke it. This can be done by the testator or by another person in the testator’s presence at his or her direction. (Section 853.11) A Will is also revoked by subsequent marriage, if the testator dies before the spouse, unless the Will specifically provides otherwise. A divorce or annulment, after execution of a Will, revokes any provisions in favor of the former spouse. (Section 853.11)

WYOMING
Executing a new Will revokes any prior Wills, either by expressly stating or by inconsistent provisions. The Will may also be revoked by canceling, obliterating or destroying the Will with intent and purpose of revoking it. This can be done either by the testator or by another person in the testator’s presence and at his or her direction.  (Section 2-6-117). A divorce or annulment after execution of a Will revokes any provisions in favor of the former spouse, unless the Will provides otherwise. (Section 2-6-118)

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