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Home→States

Estate Planning by State

What your state requires to sign a valid will, healthcare proxy, or power of attorney.

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Why Your State Matters for Estate Planning

Estate planning documents don't work the same way everywhere. A will needs two witnesses in most states, but who can't witness—relatives, beneficiaries, healthcare providers—varies in ways that can invalidate a document signed with the wrong people in the room. Healthcare proxies range from requiring zero witnesses to two, with some states demanding notarization and others making it optional. Financial powers of attorney face their own patchwork: Florida requires two witnesses and a notary; California lets you choose one or the other; New York requires your agent to sign and have their signature notarized too.

Get the formalities wrong and a document that took you twenty minutes to create takes your family twenty months to untangle in court.

The map above shows you exactly what your state requires for wills, healthcare proxies, and financial powers of attorney—witness counts, notarization rules, and disqualifications that might surprise you.

Trusts are the exception. Unlike wills and powers of attorney, a trust isn't bound by where you live. You can establish a trust in any state, and the laws of that state govern how it operates. SimplyTrust creates Nevada-situs trusts because Nevada offers advantages most states don't: no state income tax on trust income, asset protection provisions, dynasty trust rules that let your trust last 365 years, and remote online notarization built into statute. Those benefits are available to you whether you live in Nevada or New Jersey.

Your will, healthcare proxy, and power of attorney should follow your state's rules. Your trust doesn't have to.

Free Estate Planning Forms

Pick what's right for you. Change it anytime.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

Free

Last Will and Testament

Name your heirs, guardians, and final wishes. Free for every state.

Free

Pour-Over Will

Catch anything outside your trust. Pairs with your revocable trust.

Free

Healthcare Power of Attorney

Name someone to make medical decisions if you can't.

Free

Financial Power of Attorney

Name someone to manage your finances if you can't.

Estate Planning Tools

Run the numbers for your state for free.

How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

Use Calculator

How Much Can an Executor Charge?

Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

Use Calculator

Who Inherits Without a Will?

Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.

Use Calculator

What's Fair Trustee Compensation?

Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.

Use Calculator

How Much Are Estate & Inheritance Taxes?

Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.

Use Calculator

How Many Death Certificates Do I Need?

Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.

Use Calculator

Do I Need Probate?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.

Check Now

What Does Estate Planning Actually Cost?

See the true cost of estate planning. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys including life events like marriage, divorce, and having children.

Compare Costs

How Much Does a Revocable Living Trust Cost?

Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.

Compare Costs

How Much Does a Will Cost?

Compare the cost of creating a will. See document costs plus probate fees your heirs will pay. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys.

Compare Costs

How Much Life Insurance Do I Need?

Calculate how much life insurance coverage you need. Accounts for income replacement, debt payoff, college funding, and state-specific factors like cost of living and estate taxes.

Use Calculator

I'm Inheriting - What Should I Expect?

Find out what to expect when inheriting money, property, or other assets. See timeline estimates, inheritance tax implications, and understand what the executor or trustee is handling behind the scenes.

Learn More

Are My Beneficiary Designations Protected?

See how your state handles beneficiary designations after divorce, inherited IRA creditor protection, and spousal consent requirements for retirement accounts.

Check Now

What Are the Estate Laws in My State?

Understand your state's estate planning landscape. See will execution requirements, probate procedures, trust administration rules, and what happens if you die without a plan.

Check Your State

How Do Trust Laws Differ Between States?

See side-by-side differences in trust execution requirements, remote notarization, transfer-on-death deeds, and administration rules. Calculate settlement costs for each state.

Compare States

How Do I Sign Estate Documents?

Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).

Check Requirements

Will My Estate Documents Transfer?

Moving states? Find out if your will, trust, healthcare proxy, or power of attorney will be recognized in your new state. See the legal basis for interstate recognition and any potential issues.

Check Portability

Do I Need a Revocable Trust?

Answer questions about your estate size, real estate, family situation, and privacy preferences to see how a revocable trust compares to a will alone.

Take the Quiz

Can I Self-File Probate?

Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.

Check Now

Do I Need a Trust or Will?

Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.

Compare Options

How Do I Settle an Estate?

Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.

Get Checklist

What Are My Duties as Trustee?

Step-by-step guide for successor trustees administering a trust. Understand your duties, notification deadlines, and asset management responsibilities.

Get Checklist

What Are My Duties as Executor?

Complete guide for executors and personal representatives navigating probate. Court filings, creditor claims, and distribution timelines.

Get Checklist

State-Specific Estate Planning Guides

State-specific guides to probate, wills, and trust laws.

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