Millions of Americans Risk Invalid Estate Plans After State-to-State Moves

A significant number of Americans who relocate to a new state fail to update their estate planning documents, potentially rendering their wishes unenforceable, according to legal experts.

Only 24% of U.S. adults currently have a will in place, a 2025 survey revealed, and nearly a quarter haven’t revised their estate plans since their initial creation. Eleven percent have moved since drafting those documents. Inheritance, healthcare directives, and powers of attorney laws differ considerably by state, meaning an outdated plan may not be legally sound in a new location. These discrepancies can impact everything from income and estate taxes to marital property rights, potentially diminishing benefits for heirs.

“Documents that might be relied on in time of need — a healthcare surrogate, living will and POA — are creatures of state statute,” explained Tasha Dickinson, a trusts and estates lawyer at Day Pitney. While core documents like wills generally remain valid across state lines, experts recommend a review by a local attorney, particularly for powers of attorney. Understanding the nuances of property laws is also crucial; nine states operate under community property laws, where assets acquired during marriage are jointly owned, while others follow common law principles. Failing to account for these differences can have significant financial consequences.

Experts also advise reviewing executor designations, as some states have residency requirements. For example, Florida law stipulates that a non-resident executor must be a relative. This oversight could lead to complications and delays in administering an estate. Updating these documents proactively can prevent legal challenges and ensure a smooth transfer of assets; learn more about estate planning basics from AARP.

Legal professionals recommend consulting with an attorney in your new state to ensure your estate plan remains compliant and effectively reflects your wishes.