Which state law should I use for my estate plan?

Although the United States are indeed united, the law that applies for estate administration/probate (aka when someone dies) is the law of the state where the person lives when they die. Where a person “lives” when they die is where their permanent residence is. What address do they use to file taxes? That’s the state where they live, and the state law that will be applicable.

If you live in California, you should use California law when completing your estate plan. If you plan on moving to a certain state at a certain point in time, you may consider using another state’s law.

If you plan on moving in 5 years to New York, should you create a plan in California or in New York? It’s all risk assessment! If nothing happens in those 5 years, you may be fine to wait until you’re in New York. But if you are in a car accident and need someone to make a medical decision for you because you’re incapacitated…. well, perhaps a plan in California would be worth doing now!

If you move to California from another state, I am happy to review your estate plan to see how it would work in California. Depending on what documents you have, you may need to revise or update or start anew.

If you move to another state, you should consult with an attorney in that state about whether your estate planning documents will work for you.

So: which state law should you use? (Most likely), the law of the state you live in!