Moving to a new state doesn’t erase your will, but it’s a good reason to look at it again. Your new state may have different rules for spouses, witnesses, executors, homes and taxes, and your old power of attorney may not be accepted as easily. This page lists what to check in your first few weeks, what to update this month, and when a living trust makes the move simpler.
Written by Randy Smith, founder of Family Estate Guide. Randy is not an attorney; this guide follows our editorial standards and links to its sources. We may earn commissions from purchases through affiliate links.
The short answer
A will that was signed correctly in your old state is usually still valid after you move. Review your plan within a few months anyway. Redo your financial power of attorney and health care directive on your new state’s forms, check that your executor can serve there, and retitle any new home. If you still own a home in your old state, a living trust can keep your family from going through probate in two states.
This comes up a lot. In Caring.com’s 2025 survey, about 1 in 10 people no longer lived in the state where they made their estate plan.
Starting fresh in a new state? Make your plan fit it.
Trust & Will prepares a will or living trust for the state you live in now, with the signing pages ready. Check your new state’s signing rules below before you sign.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. This page is general information, not legal advice. Complex situations belong with an attorney, and we say so below.
In your first few weeks
- Find your documents. Locate the signed originals of your will, any trust, and your powers of attorney. Moves are when papers get lost.
- List what you own and where. Note any home or land you still own in your old state, and any account still tied to your old address.
- Check your beneficiary forms on life insurance and retirement accounts while you’re updating your address.
This month: update for your new state
- Read your new state’s will rules. Check how many witnesses it needs and whether it accepts your will’s self-proving affidavit, the notarized page that saves your witnesses a trip to court. Find your state below.
- Redo your financial power of attorney and health care directive. Many states accept out-of-state forms, but banks and hospitals are more comfortable with their own state’s version.
- Check your executor and trustee. Some states limit who can serve as executor if they live out of state. Florida, for example, generally lets a nonresident serve only if they’re a close relative.
- Know what changed about marriage and property. Moving into or out of a community property state can change how property you own with your spouse is treated. See our state comparison table.
- Check for a state estate or inheritance tax. Twelve states and DC have their own estate tax, often with much lower limits than the federal one. See state estate and inheritance taxes.
- Put your new home in your trust if you have one, and decide what to do about property you still own back home.
Will or living trust after a move?
A new will is often enough if you sold your old home, rent or own one home in your new state, and your plan is simple.
A living trust is worth a look if you own property in more than one state. Without one, your family may face a separate probate in each state where you own real estate (called ancillary probate). A trust also travels well: it usually stays valid after a move, though you’ll still need to put your new home into it.
Not sure? Our 5-question will-or-trust quiz gives you a starting point, and the will vs. trust guide explains the trade-offs.
Moving to Florida?
Florida is a common retirement move with a few rules worth knowing before you update your plan. Its homestead rules can limit who you can leave your home to if you have a spouse or minor child, and it allows Lady Bird deeds. Start with our Florida estate planning guide, the Florida will rules and Florida Lady Bird deeds.
What it costs
| Online (Trust & Will) | With an attorney | |
|---|---|---|
| Will | $199 for one person, $299 for a couple | Several hundred to $1,000+ for a simple will |
| Living trust | $499 for one person, $599 for a couple | $1,500–$3,000 for one person; $2,500–$5,000+ for a couple |
Sources: Trust & Will’s pricing page (individual prices checked October 2, 2026; couple prices from our Trust & Will buying guide, checked September 10, 2026). Attorney ranges are from our will cost guide and living trust cost guide, and they vary a lot by state. Trust & Will includes editing and downloads in a $0/year tier after you buy; the optional Essentials membership is $49/year. Prices can change, so check before you buy.
When to see a lawyer instead
- You’re moving into or out of a community property state and you’re married.
- Your new state has an estate or inheritance tax and your estate is near its limit.
- You’ll keep real estate in two states, or your plan uses trusts beyond a basic living trust.
If you simply moved and your life is otherwise the same, an online update often does the job. These are the cases where a local attorney is worth the fee.
Ready to update your plan for your new state?
Pick a will if you own one home or rent and your plan is simple. Pick a living trust if you own property in more than one state and want your family to skip probate in both.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. This page is general information, not legal advice. Complex situations belong with an attorney, and we say so below.
Find your state’s rules
Each state guide covers probate, deeds, taxes and local rules, and each will page covers witnesses and notary rules. Pick your new state:
Show all 50 states and DC
- Alabama: state guide · will rules
- Alaska: state guide · will rules
- Arizona: state guide · will rules
- Arkansas: state guide · will rules
- California: state guide · will rules
- Colorado: state guide · will rules
- Connecticut: state guide · will rules
- Washington, DC: state guide · will rules
- Delaware: state guide · will rules
- Florida: state guide · will rules
- Georgia: state guide · will rules
- Hawaii: state guide · will rules
- Idaho: state guide · will rules
- Illinois: state guide · will rules
- Indiana: state guide · will rules
- Iowa: state guide · will rules
- Kansas: state guide · will rules
- Kentucky: state guide · will rules
- Louisiana: state guide · will rules
- Maine: state guide · will rules
- Maryland: state guide · will rules
- Massachusetts: state guide · will rules
- Michigan: state guide · will rules
- Minnesota: state guide · will rules
- Mississippi: state guide · will rules
- Missouri: state guide · will rules
- Montana: state guide · will rules
- Nebraska: state guide · will rules
- Nevada: state guide · will rules
- New Hampshire: state guide · will rules
- New Jersey: state guide · will rules
- New Mexico: state guide · will rules
- New York: state guide · will rules
- North Carolina: state guide · will rules
- North Dakota: state guide · will rules
- Ohio: state guide · will rules
- Oklahoma: state guide · will rules
- Oregon: state guide · will rules
- Pennsylvania: state guide · will rules
- Rhode Island: state guide · will rules
- South Carolina: state guide · will rules
- South Dakota: state guide · will rules
- Tennessee: state guide · will rules
- Texas: state guide · will rules
- Utah: state guide · will rules
- Vermont: state guide · will rules
- Virginia: state guide · will rules
- Washington: state guide · will rules
- West Virginia: state guide · will rules
- Wisconsin: state guide · will rules
- Wyoming: state guide · will rules
Common questions
Is my will still valid if I move to another state?
Usually, yes. Most states accept a will that was signed correctly under the law of the state where you signed it. Still review it, because your new state’s rules on spouses, executors and property can change how it works.
Do I need a new power of attorney after I move?
It’s a good idea. Many states accept out-of-state powers of attorney and health care directives, but banks and hospitals may hesitate. Signing new ones on your new state’s forms avoids delays when someone needs to use them.
Does my living trust still work in my new state?
Usually, yes. A revocable living trust generally stays valid after a move. Check that your trustee can still serve, and move any new home into the trust with a new deed.
What if I still own a house in my old state?
When you die, your family may need a separate probate in that state for the house, called ancillary probate. A living trust or, where available, a transfer-on-death deed can avoid that.
Should I update my plan if I move to Florida?
Yes. Florida has homestead rules that can limit how you leave your home if you have a spouse or minor child, and it limits which out-of-state people can serve as executor. See our Florida guide.
How much does it cost to update my plan after a move?
Trust & Will lists $199 for a will ($299 for a couple) and $499 for a living trust ($599 for a couple). If you already have a Trust & Will plan, its $0/year tier includes editing; ask them whether your move needs a new plan. An attorney often charges several hundred to $1,000+ for a simple will.
Other life changes that call for a plan
New baby or adoption
Name a guardian and protect money your kids might inherit.
Read the guide →Just bought a home
Will, living trust or deed: how your house passes to your family.
Read the guide →Getting married
What changes for your spouse, your old will and your beneficiary forms.
Read the guide →After a diagnosis or health scare
What to do first when time feels short.
Read the guide →Caring for aging parents
How to start the conversation and help your parents plan.
Read the guide →Sources
- Caring.com / YouGov, 2025 Wills and Estate Planning Study: about 1 in 10 Americans no longer live in the state where they created their estate plan.
- Trust & Will, pricing, checked October 2, 2026
- Our guides: state comparison table (community property, estate taxes, TOD and Lady Bird deeds), state estate and inheritance taxes, Florida estate planning
- Florida nonresident personal representatives: Fla. Stat. § 733.304
This is general information, not legal advice. Estate planning law is different in every state and changes over time. If your situation is complicated, or you’re unsure whether a document will work for you, talk with an estate planning attorney licensed in your state. Your state or local bar association’s lawyer referral service is a good place to start (the American Bar Association lists them).