Will My Estate Planning Documents Be Recognized in Another State?
Check if estate planning documents signed in one state are valid in another. See the legal basis for interstate recognition and any potential issues.
In most cases, yes. The vast majority of US states recognize wills that were validly executed under the law of another state. This is based on the "place of execution" rule found in the Uniform Probate Code and similar statutes. A review after a move is still common practice to confirm the will meets the new state's requirements.
Generally, no. Revocable living trusts are recognized across state lines because they are based on contract law rather than probate law. A trust update may be warranted when real property is owned in another state (governed by where the property is located), the new state has different tax implications, or the trust's governing law or situs needs to change. SimplyTrust's revocable trust is recognized across states and is built online in about 15 minutes.
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. Keeping both the original state's document and a copy in the new state's format is common practice after a move.
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.
Existing documents often remain valid after a move, though review is common practice. Updates are typical when: the new state has different witness or notary requirements, real property exists in multiple states, the new state has different tax rules, or chosen agents now live far away. Our free legal document builders create updated state-specific documents.
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Get a complete guide for your specific circumstances.
Moving to a New State
State laws vary significantly for wills, trusts, and powers of attorney. What to review after relocating to make sure your estate plan still works.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn moreForms for Planning Your Estate
Free forms for planning your estate: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
Name your heirs, guardians, and final wishes. Free for every state.
Transfer on Death Deed
Transfer real property to a beneficiary upon your death without probate. Available in 34 states and the District of Columbia.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Tools for Planning Your Estate
Free tools for planning your estate: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Trust or Will: Which Costs Less?
Compare the cost of probate vs a trust for your state and estate value.
How Much Does a Revocable Living Trust Cost?
Compare revocable living trust costs across providers including online services and attorneys.
How Much Does a Will Cost?
Compare will costs across providers plus probate costs your heirs will pay.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
See how a parent names a guardian for their minor children, what weight the court gives your choice, and your options for temporary care.
