How Do Estate Planning Rules Compare Between States?

States with simplified probate procedures and lower filing fees tend to have the lowest costs. Texas, for example, has an independent administration process that minimizes court involvement. States with percentage-based attorney fees (like California) can have higher costs for larger estates.

Yes — reviewing an estate plan after a move is standard practice. While most states honor out-of-state documents, execution requirements (like witness counts and notarization) vary. A will valid in one state may not meet another state's requirements. Trusts are generally more portable across state lines. SimplyTrust uses a structure recognized across states, so one revocable trust moves with you.

Intestate succession is the set of state laws that determine who inherits when someone dies without a will. Each state has its own statute (e.g., Cal. Prob. Code § 6400 et seq.) — in most states, the surviving spouse and children inherit first, followed by parents, siblings, and more distant relatives. Community property states handle spousal inheritance differently than common law states. Enter a state above to see how that state's intestacy rules would distribute the estate.

Nine states follow community property rules: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin (IRS Publication 555). In these states, property acquired during marriage while domiciled in the state is generally owned equally by both spouses. The other 41 states follow common law rules — each spouse owns what they earn or acquire in their own name. This distinction affects how assets pass at death, how much a surviving spouse is entitled to under intestacy, and how trust funding should be structured.