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Experts say millions of Americans move to another state every year and often forget to update their estate planning documents, which can wreak havoc on their plans.
Only 24% of Americans have a will, according to a 2025 Caring.com survey of more than 2,500 adults. To make matters worse, nearly a quarter of respondents have not updated their estate planning documents since creating their estate plan, and 11% have moved away from where they originally created their estate plan, the poll said.
Laws regarding inheritance, health care directives, and powers of attorney (POA) can vary widely from state to state. Experts say if your estate documents don’t comply with the laws of your state, they may be unenforceable and your best wishes may be ignored. Differences in law can also affect income tax, state property or inheritance tax, and marital assets, making planning less efficient and advantageous for heirs.
“Documents that you might rely on in an emergency, such as health care proxies, living wills, and POAs, are mandated by state law,” said Tasha Dickinson, a trust and wealth attorney at Day Pitney.
Do you need completely new estate planning documents?
There’s no need to go to the shredder, experts say. Legal documents like wills are valid from state to state, but from a practical standpoint, it may be worth having the document reviewed by an attorney in your new state.
“There are a lot of nuances in state law that you need to be aware of,” Dickinson said. She recommends updating supporting documents such as powers of attorney.
What are some examples of things to keep in mind?
According to experts, estate planning items to keep in mind include:
- property. “There are significant differences between state laws for community property and state laws for non-community property,” says Patrick Simasko, an elder law attorney and financial advisor at the Simasko Law Firm. “It’s a very good idea to consult a lawyer to review your documents and ensure compliance.”
- In community property states, both spouses have equal ownership of all income, assets, and debts acquired during the marriage. If one spouse dies, the surviving spouse automatically receives the other half. The home will be revalued at fair market value or stepped up completely, so there will be no capital gains tax if you sell it immediately. Nine states have community property laws: Idaho, New Mexico, Texas, California, Arizona, Wisconsin, Nevada, Louisiana, and Washington.
- In noncommunity property, or common law states, property or debt acquired during a marriage is owned by the spouse who acquired it and can be left to whomever the owner chooses. If the home is jointly owned by a married couple, the surviving spouse will inherit the home, but its value will only increase by half of the deceased spouse’s.
According to JPMorgan, once an asset becomes community property, it typically remains that way, even if the couple moves to a state where they own separate property, unless the couple actively makes changes. Conversely, real estate owned by a married couple moving from a common law state to a community property state would eventually become quasi-community property, essentially community property, the report said.
- Powers of attorney and advance directives. The document must remain valid, but states typically have their own statutory and specific forms. “If you have to make a decision on your behalf, you don’t want your family to potentially argue with a medical professional about whether they have authority based on an (unfamiliar, out-of-state) document,” Dickinson said.
- executor of a will. Wills must be valid in each state, and each state may have its own rules regarding who is an executor. For example, if you move to Florida and name a non-Florida resident as your executor or personal representative, that person must be a relative or you will be disqualified. “If you didn’t name anyone else who was eligible, that’s a problem,” Dickinson said.
Medora Lee is USA TODAY’s money, markets and personal finance reporter. Please contact us at mjlee@usatoday.com. Subscribe to our free Daily Money newsletter for personal finance tips and business news every Monday through Friday morning.
