You sold the house, survived the move, and finally know where the good coffee is. Your estate plan was probably the last thing on the list. That is common, and it is fixable.
The short answer: your documents may still hold up, but they were written for another state's rules. A review now is far easier than a surprise later.
Does an out-of-state will still count in Texas?
Generally, yes. Under the Texas Estates Code, a written will signed in another state does not have to meet Texas's own formalities. It can be recognized if it was validly executed under the law of the place where it was signed. It can also qualify under the law of the state where you lived. This is why a will signed in California is usually not thrown out just because you now live in Texas.
"Recognized" is not the same as "right for you." Valid and useful are different things.
Why review it anyway?
Your plan is more than a will or a trust. It includes the documents that work while you are alive, and those are written to state-specific forms and rules. A few things to look at:
- Texas incapacity documents. Texas has its own statutory durable power of attorney, medical power of attorney, and directive to physicians. Texas banks, hospitals, and doctors know these forms. An out-of-state version can slow people down when speed matters.
- Guardian designation. Texas lets you name who you would want as guardian if you became incapacitated. If your current plan names someone back in your old state, that choice deserves a fresh look.
- Community property. California and Texas are both community property states, but their rules are not identical. How property is characterized, and how it passes, can differ. We review this in light of your actual assets.
- Homestead. Texas has specific homestead protections and rules. A new Texas home should be considered deliberately, not by default.
- Trustees and agents. The people you named years ago may no longer be the right fit. Some may live far away or may no longer be available.
- Funding. A trust only controls what it holds. A Texas home bought after the move often sits in your personal name.
The Texas home and your existing trust
This is the most common gap we see. You created a trust in another state, then bought a house in Texas. The trust exists, but the deed may never have been updated.
Retitling the home into the trust generally means preparing and recording a new deed. It also means checking in with your lender, your insurance, and the property tax exemptions on the home. We coordinate those details so the trust actually holds what you intended. For related reading, see our new homeowner guide.
A trustee who lives far away
Many families who relocate still name a sibling or friend in California as successor trustee. That can work. It can also create friction if the trustee must handle a Texas home, Texas accounts, or Texas paperwork from a distance.
We talk through who is realistic, who is reliable, and whether a co-trustee or a professional fiduciary makes sense. The goal is a plan someone can actually carry out.
Your relocation review checklist
Bring this list to your first conversation:
- Locate your signed will, trust, and powers of attorney, including any amendments.
- Confirm where each document was signed and in which state it was drafted.
- Check whether you have Texas-form powers of attorney, a medical power of attorney, and a directive to physicians.
- Review who is named as executor, trustee, agent, and guardian, and whether they are still the right people.
- Confirm how your Texas home is titled and whether it has been moved into your trust.
- List accounts, policies, and retirement plans, and check the beneficiary on each.
- Note any property that came from, or remains in, your former state.
- Ask whether your plan reflects your current family, work, and goals.
What a review looks like with us
We run this as strategy first, not paperwork first. That means a clear sequence, and every step can happen by video if you prefer.
It starts with the Alers Legacy Strategy Session, where we look at what you have and what you want. From there we move through the Legacy Design Meeting, Precision Drafting, the Legacy Walkthrough, and the Legacy Signing Ceremony. After signing, we help with trust funding and periodic Legacy Check-ins. You can see each step on our process page.
Our plans are quoted as one fixed fee after the Legacy Design Meeting, with no hourly billing. We are bilingual in English and Spanish. Se habla español.
If you are comparing a will with a trust, our will vs. living trust guide explains the difference. For the full picture, visit our estate planning page.
This guide is general education, not legal advice for your situation. Equity, tax, and financial questions are coordinated with your CPA or financial advisor.
Book your Alers Legacy Strategy Session
Not sure where to start? Schedule a free 15-minute discovery call with our team.
FAQs
I moved to Texas from California. Is my California trust still valid?
Often, yes. A trust you created validly in California generally remains your trust after you move. The question is whether it still fits Texas law, your Texas property, and your current family. A review also checks that your Texas home was moved into it.
Is an out-of-state will valid in Texas?
Generally, yes. Texas recognizes a written will that was validly executed under the law of the place where it was signed. It may also qualify under the law of the state where you lived. We still review it for fit.
Do I need new powers of attorney after moving?
We recommend it. Texas has its own statutory durable power of attorney and medical documents that Texas institutions know well. Updating them helps your agents act without delays.
Do California and Texas treat community property the same way?
Not exactly. Both are community property states, but the rules differ in important ways. We review how your assets are classified and how they pass, then coordinate any tax questions with your CPA.
Can we do this review by video?
Yes. Meetings can be virtual, and the process has defined steps. Each meeting can be held online or in person, whichever suits your family, and we can discuss options for that, too.