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. Check the signing requirements for your state.

If you've already signed documents in another state, they may still be valid where you live now—but it depends on the document type and both states' rules. Check whether your documents transfer.

Trusts are the exception. Unlike wills and powers of attorney, a revocable 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, and remote online notarization written into statuteNRS 240.181 to 240.206Verified Sep 9, 2026View source, so the notarization can be completed by video call rather than in person. 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.