Will My Estate Planning Documents Be Recognized in Another State?

Generally, no. Revocable living trusts are recognized across state lines because they are based on contract law rather than probate law. However, you should consider updating your trust if you own real property (which is governed by state where it's located), if your new state has different tax implications, or if you want to change the trust's governing law or situs.

Most states accept healthcare proxies from other states, especially those that have adopted the Uniform Health-Care Decisions Act (UHCDA). However, healthcare providers may be more familiar with their own state's forms. Consider having both your original state's document and a copy in your new state's format.

States that have adopted the Uniform Power of Attorney Act (UPOAA) are required to accept powers of attorney from other states. Even non-UPOAA states generally recognize out-of-state POAs. However, financial institutions may require additional documentation or prefer their own state's format.

The Uniform Probate Code is a model law that provides consistent rules for wills and estates across states. About half of US states have adopted the UPC or portions of it. UPC states recognize wills that were valid where executed, under the law of the testator's domicile, or under their place of abode.

While your documents may still be valid, it's generally a good idea to review them after moving. Consider updating your documents if: your new state has different witness or notary requirements, you have real property in multiple states, your new state has different tax rules, or your chosen agents are now far away. Visit our free legal document builders to create updated state-specific documents.