How Does Estate Planning Work in Your State?

Probate costs, will execution requirements, trust rules, and intestate succession for every US state — plus a side-by-side comparison of any two.

Know your state's rules? Turn them into a working plan.

Frequently Asked Questions

Each state has its own probate code, trust laws, and intestacy rules. These variations reflect different historical legal traditions, policy priorities, and legislative decisions. For example, community property states like California handle spousal inheritance differently than common law states like New York.

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.

More estate planning resources

Explore related tools and documents to complete your estate plan.

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.

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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.

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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.

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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.

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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.

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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.

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