Are Trusts Valid From State to State?

State and local laws are an important consideration to make when planning your estate. If you include a revocable living trust as part of your estate, it should remain valid even if you move to another state. But, even while the trust remains valid, different state laws on issues like marital property and home ownership may require you to make adjustments. Here’s what you need to know.

Talk to a financial advisor about the advantages of trusts for estate planning.

Using Trusts in Estate Planning

Many estate plans use revocable living trusts to help shelter estate assets from probate. Estate plans also help shield private finances from public scrutiny and provide additional control over the disposition of assets after their owner’s death. Trusts can save money and reduce the length of time it takes to settle an estate. It can also ensure that dependents and favorite charities are supported, among other uses.

And while all 50 states take many different approaches to inheritance, they all treat trusts as valid legal contracts. This means you won’t have to draft new trust documents if you move to a new state. However, some differences in state laws on property and inheritance may make it advisable to review your trust documents. Here are some things to keep in mind:

Moving a Trust to a New State

While a trust created in one state is valid in any other, state laws can differ in important ways. These differences may require changes to your trust to ensure its original purpose is preserved.

Estate and inheritance taxes are a good example. The federal estate taxes applies everywhere, but some states impose their own. Estate taxes are paid out of the estate before assets are distributed, while inheritance taxes must be paid directly by the beneficiaries.

In 2025, 12 states and the District of Columbia have an estate tax, six states levy an inheritance tax, and Maryland has both. So, depending on where you live and the size of your estate, these taxes could affect your plan and may call for adjustments to your trust.

If you purchase a new residence in your new home state, you’ll want to transfer it to the trust. If you don’t, your estate will have to go through probate. And that potentially adds costs and time to the process of settling your state.

States Treat Marital Property Differently

For someone who is married, it may be relevant that states vary in the way they treat marital property. Specifically, most states are common law states that allow marital marital property to be owned separately.

A handful, however, is community property states And that’s where all property owned by marital partners is deemed equally shared. That’s even if the property is titled in one spouse’s name.

If you are married and relocating to a community property state from a common law state, it can affect your legal authority to bequeath property to anyone other than your spouse. Other considerations may apply if you’re moving from a common law state to a community property state to a common law state. In either case, it’s a good idea to review your trust to see that it will still work as intended.

Additional Trust Planning Considerations

While trusts aren’t likely to require revision after a relocation to a new state, other parts of your estate plan probably will need to be addressed. For example, any accounts with banks, brokerages or other financial institutions that are part of your plan should be notified of your new address. The same goes for insurance policies.

If beneficiaries such as children are moving with you, their addresses may also need to be updated. This could be necessary or advisable on trust documents, insurance policies, retirement accounts, and others.

Bottom Line

Additional trust planning considerations may arise when state laws differ.

A trust drawn up in one state is valid in any state. But some differences between jurisdictions may make it advisable to review and possibly amend your trust. This is especially true if you move to another state. Married people who move from a common law state to a community property state – or vice versa – may want to see the differences in how marital property is treated. And they will need to check and change the way their trust works, if applicable.

Estate Planning Tips

Planning out your entire estate can seem overwhelming and difficult. But a financial advisor who specializes in estate planning can help. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
If you have a sizable estate, estate taxes on either the state or federal level could be hefty. However, you can easily plan ahead for taxes to maximize your loved ones’ inheritances. For example, you can gift portions of your estate in advance to heirs, or even set up a trust.