Navigating State-Specific Estate Planning

Estate planning requirements can vary widely depending on where your client lives. As an advisor, understanding these differences helps you offer more tailored guidance and support.

Trust & Will provides legally valid estate plans in all 50 states. While the documents themselves are customized to meet each state’s laws, certain features like Attorney Support or eWills are only available in select locations.

Here’s what’s available nationwide, what varies by state, and what advisors should know about document execution so you can help clients move forward with confidence.

Key Features That Vary by State

Attorney Support Availability

Attorney Support is an optional add-on that gives clients access to a licensed estate planning attorney in their state. It is currently available in 43 states.

If it’s not available in a client’s location, they can still complete their plan using our guided platform. If they need additional support, we can help point them in the right direction. Trust & Will’s Attorney Support is currently unavailable in Alaska, Hawaii, Louisiana, Mississippi, Oregon, South Carolina, and Tennessee

eWills (Electronic Wills)

eWills allow clients to complete their will entirely online. There’s no printing, mailing, or in-person appointments needed.

eWills are currently supported in:

• Arizona

• Utah

• Florida

• Indiana

We’re actively working to expand as more states pass digital estate planning laws.

For states where eWills are not supported, clients will receive detailed instructions for printing, signing, and notarizing their documents to ensure validity.

How Execution Works

While every state has unique requirements, most clients will follow this general process:

1. Complete their plan online

2. Print and review their documents

3. Execute documents with either:

   • Two witnesses

   • A notary

   • Or both

Clients can use our notary services to simplify the process.

State Exceptions to Know

Because each state sets its own laws, it’s important for advisors to stay informed. While our documents are always compliant, advisors should be aware of state-specific requirements that may differ from the standard process.

Florida is one notable exception. Clients in Florida must sign their documents in person with two witnesses and a notary. Remote notarization is not permitted for will execution in Florida. 

Advisor FAQs

Q: Is Trust & Will valid in every state?
Yes. Every plan is built to meet state-specific legal requirements.

Q: Do clients always need a notary?
Not always. Many states allow Wills to be executed with only two witnesses. That said, we always recommend using a notary to strengthen the plan. Learn more here: https://trustandwill.com/notarization/

Q: How will clients know their state requirements?
Each completed plan includes step-by-step signing instructions based on the client’s location.

Final Thoughts for Advisors

The laws may vary, but the goal is always the same. Trust & Will provides fully customized, state-specific estate planning documents across the country. Every Will Plan and Trust Plan is built to meet state-specific legal requirements.

As their advisor, your role is to help them stay informed and feel supported through every step of the process. If you have questions along the way, our Advisor Solutions Team at Trust & Will is available to help.

Interested in partnering with Trust & Will to enhance your own clients’ estate planning needs? Learn more about how you can join over 20,000  financial advisors and firms who are delivering peace of mind to their clients by offering a comprehensive estate planning solution. Schedule a free demo today.

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.