What Happens if You Move to a Different State?

If you move to another state, your estate planning documents generally remain valid and can still be used there. That said, we recommend having your plan reviewed by an estate planning attorney in your new state, as local laws may include different requirements, tax considerations, or planning opportunities that could make administration smoother and more efficient. Without a review, your family could face unnecessary delays, added complexity, or increased costs. Your trust will typically continue to be governed by Virginia law, and in many cases no changes are needed. However, if a local attorney identifies a meaningful advantage—such as aligning the trust with the new state’s laws or ensuring local counsel can more easily administer or defend it—it may make sense to update the trust’s governing law and situs. If you relocate permanently (for example, to a retirement state), you will likely want to update your powers of attorney. Financial institutions and healthcare providers often find in-state documents easier to accept and work with. As an example, some states require very specific language in a power of attorney before certain powers can be exercised; Virginia, for instance, requires explicit authorization for actions like making gifts or changing beneficiary designations. Additional Things to Consider:

1. Advance Medical Directive / Health Care Documents States differ quite a bit on health care directives, HIPAA language, and surrogate decision-making rules. Even if valid, out-of-state documents can cause hesitation with providers. Updating these is usually quick and avoids delays in a medical setting. 
2. Real Estate in the New State If they purchase real estate, it’s worth reviewing how title is held under that state’s law (e.g., community property vs. common law, tenancy by the entirety rules, homestead protections). In some cases, a deed to the trust or a new deed structure may be advisable. 
3. State Estate / Inheritance Taxes Some states have their own estate or inheritance taxes with lower exemptions than federal law. A move can create new tax exposure or planning opportunities (e.g., credit shelter trust tweaks, portability considerations, or state-specific planning).  
4. Probate and Trust Administration Differences Each state has its own probate procedures, timelines, and creditor rules. Even if the plan “works,” a local attorney can suggest small adjustments that make administration faster or less expensive in that jurisdiction.

Basically, the documents will still be valid if you need to use them or die in the new state, but it is recommended that you get the plan reviewed by a local estate planning attorney because there may be certain required or recommended provisions, tax strategies, or even strategies that make administration easier, in the new state that are not under Virginia law. Not doing so may result in more delayed, complicated, or expensive administration. The Trust remains the same, Virginia situs and Virginia law, and generally no change is necessary, but if an attorney reviews it and recommends changing it for some legally advantageous reason, like if you want an attorney there who will be able to litigate/back up the Trust under a dispute in that jurisdiction, it may be best to change the Trust's jurisdiction accordingly. If they move to their "forever" state (where they intend to retire, for example. if they're still hopping around, then don't bother), they probably will want new POAs, as local POAs are just plain easier to use than those from another state. POA example: Some states require that specific language be included in the documents before a fiduciary can exercise certain powers. (Example: Virginia requires that a POA specifically include gifting powers, change of beneficiary powers, etc.)