Moving to a New State

You moved. Your estate plan didn't.

Your documents are probably still valid — but state law changes what they actually do. A quick review now prevents surprises later.

Why estate planning matters when you move

Estate planning is state law. What worked in California may work differently in Texas. Community property rules, state estate taxes, healthcare directive requirements, power of attorney statutes — they all vary.

Your trust doesn't become invalid when you cross state lines — but not all trusts travel equally well. Some are drafted tightly to one state's laws and need revision when you move. Others, like SimplyTrust's Nevada-based trust, are designed to move with you: Nevada's flexible trust laws are recognized nationwide, so your plan stays intact regardless of where you unpack.

Either way, a review confirms everything still works the way you intended.

What you need to know

1

Trust validity and administration

While trusts generally remain valid, some provisions may conflict with new state laws or create unintended consequences.

2

State estate and inheritance taxes

Your new state may have estate or inheritance taxes that didn't exist in your previous state, or may exempt you from taxes you previously faced.

3

Community property vs. common law

Moving between community property and common law states affects how assets are treated for estate planning purposes.

4

Healthcare directive requirements

Some states have specific requirements for healthcare directives. Your existing documents should be reviewed for compliance.

5

Real estate in multiple states

If you own property in your former state, you may face probate in multiple jurisdictions unless proper planning is done.

6

Trustee and agent appointments

Consider whether out-of-state agents can effectively serve. Some states have restrictions on out-of-state trustees.

Your moving to a new state checklist

Review your trust for state-specific provisions

Create a Healthcare Power of Attorney that meets your new state's requirements

Create a Financial Power of Attorney valid in your new state

If you still own property in your old state: confirm it's in your trust

Check whether your new state has estate or inheritance taxes — use our calculator

Update your address with financial institutions and retirement plans

Frequently Asked Questions

Yes. Trusts are generally valid across state lines. But some provisions may operate differently under your new state's laws — especially around spousal rights, creditor protection, and taxes. Validity isn't the question; whether it still does what you intended is.

Probably not legally, but practically it's worth it. Some states have specific witnessing or form requirements, and hospitals may hesitate with out-of-state documents. Signing a new directive in your new state removes friction when it matters most.

Assets you acquired in a community property state generally keep that character when you move. But new assets follow your new state's rules, and commingling can create confusion. If this applies to you, review how your assets are titled and how your trust handles them.

If it's titled in your trust, no — it passes to your beneficiaries without probate regardless of which state it's in. If it's still in your name personally, your family may have to open a probate case in that state just to transfer the property.

Nevada has some of the most flexible and protective trust laws in the country — and they're recognized nationwide. A Nevada trust moves with you wherever you go. And after you're gone, your successor trustee has the option to change the trust's situs to another state if that's beneficial for your survivors.

Free tools to help

Documents and calculators to guide you through the process.

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