Estate Planning by State

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.