Moving to a New State–Are New Estate Documents Needed?

Are new estate planning documents (Will, Trust, Financial Power of Attorney and Advance Directive for Health Care) needed when moving to a new state? If there’s a good chance that your move will prove to be either an extended one or permanent, then it’s probably best to get a new set of documents that would include that state’s legal requirements. For many states, chances are good that your old state’s documents would be valid in your new state, but there could be some potential issues. Consider the following:

  • Is my new state a common law state or community property state for marital property rules? How will my new states laws affect the distribution of my assets?
  • Will my named Executors be allowed to serve in my new state?
  • Will my Healthcare Agents run into any issues with my new state’s healthcare providers?
  • Some states are a must to avoid probate by using a revocable trust as a Will substitute.

Our experience is that family situations and life events require updates to the documents more often than changes in the state of residence.

Good news, it’s usually better to have some estate documents in place then none at all, and you have that! Once you’re settled in, Bryson Law Firm, P.C. recommends consulting an estate planning attorney in your new home state. For more information or with questions on “Moving to a New State—Are New Estate Documents Needed” please contact Bryson Law Firm, P.C. at (404) 909-8842 or email

Bryson Law Firm, P.C., Suwanee, Georgia. Attorney Richard Bryson has over 25 years of experience with investment entities, elder law, estate planning, probate, wills and trusts, tax planning, tax dispute resolution, asset protection, personal injury, business formation and governance, real estate transactions, and Medicaid and VA planning. Contact our Gwinnett County law firm at 404-909-8842 or

Categories: Estate Planning