Trusts by State (2026)

Trusts by state let you pass your home, savings, and other assets to your family without probate — saving them months of court time and keeping your affairs private. A living trust works in all 50 states, but the rules around related tools, like transfer-on-death deeds and community property, change depending on where you live. This plain-English guide compares trusts by state for all 50 states, with a link to each state’s full trusts guide.

Click any state below to read its full trusts guide, with the exact rules for setting up a living trust, funding it, and avoiding probate in that state.

Trusts by State — All 50 States Compared

The table below shows the core of trusts by state for all 50 states. Here is what each column means:

Living Trust = whether the state recognizes a revocable living trust. All 50 do; it is the most common probate-avoidance tool nationwide.

TOD Deed = whether the state allows a transfer-on-death deed, which passes real estate to a named person at death without probate and without a full trust.

Community Property = whether the state treats most property acquired during marriage as jointly owned, which affects how couples set up trusts.

State	Living Trust	TOD Deed	Community Property
Alabama	Yes	No	No
Alaska	Yes	Yes	No
Arizona	Yes	Yes	Yes
Arkansas	Yes	Yes	No
California	Yes	Yes	Yes
Colorado	Yes	Yes	No
Connecticut	Yes	No	No
Delaware	Yes	No	No
Florida	Yes	No	No
Georgia	Yes	No	No
Hawaii	Yes	Yes	No
Idaho	Yes	No	Yes
Illinois	Yes	Yes	No
Indiana	Yes	Yes	No
Iowa	Yes	No	No
Kansas	Yes	Yes	No
Kentucky	Yes	No	No
Louisiana	Yes	No	Yes
Maine	Yes	Yes	No
Maryland	Yes	No	No
Massachusetts	Yes	No	No
Michigan	Yes	No	No
Minnesota	Yes	Yes	No
Mississippi	Yes	Yes	No
Missouri	Yes	Yes	No
Montana	Yes	Yes	No
Nebraska	Yes	Yes	No
Nevada	Yes	Yes	Yes
New Hampshire	Yes	No	No
New Jersey	Yes	No	No
New Mexico	Yes	Yes	Yes
New York	Yes	No	No
North Carolina	Yes	No	No
North Dakota	Yes	Yes	No
Ohio	Yes	Yes	No
Oklahoma	Yes	Yes	No
Oregon	Yes	Yes	No
Pennsylvania	Yes	No	No
Rhode Island	Yes	No	No
South Carolina	Yes	No	No
South Dakota	Yes	Yes	No
Tennessee	Yes	No	No
Texas	Yes	Yes	Yes
Utah	Yes	Yes	No
Vermont	Yes	No	No
Virginia	Yes	Yes	No
Washington	Yes	Yes	Yes
West Virginia	Yes	Yes	No
Wisconsin	Yes	Yes	Yes
Wyoming	Yes	Yes	No

Living trusts are valid everywhere; transfer-on-death deed availability and community-property rules are what differ by state. The exact funding steps, deed forms, and tax treatment are covered in each state guide. Always confirm the current rule in your state guide below.

Trusts by State — How a Living Trust Avoids Probate

The foundation of trusts by state is the revocable living trust, and it works the same way everywhere. You create the trust, name yourself as the trustee who manages it during your life, and name a successor trustee to take over when you die. Then you transfer your assets into the trust. Because the trust — not you personally — legally owns those assets, they pass to your beneficiaries under the trust’s terms without ever entering probate.

This is the trust’s biggest advantage: your family avoids the months of court supervision, the public record, and the cost that probate involves. You keep full control while you are alive — you can change or cancel a revocable trust at any time — and the handoff at death is private and fast. For a side-by-side look at whether a trust or a will fits you, see our guide on will vs living trust.

Trusts by State — Funding Your Trust

The most important and most overlooked step in trusts by state planning is funding the trust. Creating the trust document is only half the job; you must also retitle your assets into the trust’s name — your house, bank accounts, and investment accounts. An unfunded trust is just paper: any asset still in your own name at death goes through probate anyway, defeating the entire purpose.

Funding usually means signing a new deed for your home, changing the ownership on financial accounts, and updating titles. Some assets, like retirement accounts, are typically left out and handled with beneficiary designations instead. Because the exact paperwork — especially the deed — depends on your state, your state guide walks through how to fund a trust correctly where you live.

Trusts by State — Transfer-on-Death Deeds

For people whose main asset is their home, trusts by state law often offers a simpler alternative to a full trust: the transfer-on-death deed. Available in about 29 states, a TOD deed names who inherits your real estate when you die, passing it to them automatically without probate. You keep complete ownership and control while alive, and you can revoke the deed at any time.

A TOD deed is cheaper and easier than setting up and funding a trust, which makes it attractive for a straightforward estate. However, it only covers real estate — not bank accounts, vehicles, or other property — so it is rarely a complete plan on its own. Whether your state allows TOD deeds, and how to record one properly, is explained in your state guide.

Trusts by State — Do You Actually Need a Trust?

A living trust is powerful, but trusts by state planning is not right for everyone. If your estate is small enough to qualify for your state’s small-estate shortcut, or if most of your assets already pass by beneficiary designation or joint ownership, a trust may be unnecessary expense and effort. A simple will, plus payable-on-death accounts, can be enough for many families.

A trust tends to make the most sense when you own a home, have a larger or more complex estate, want privacy, or own property in more than one state (which otherwise triggers probate in each). The right choice depends on what you own and your state’s rules. To weigh the simpler options, see our guides on small estates by state and probate by state.

Find Your State Trusts Guide

Ready to look up trusts by state for your specific state? Click any state name in the table above for its complete guide, or browse the full collection below.

Browse All 50 State Trusts Guides →

Official Sources

• Cornell Legal Information Institute: law.cornell.edu/wex — plain-English definitions of trust terms
• Uniform Law Commission: uniformlaws.org — the Uniform Trust Code many states follow
• IRS — Trusts: irs.gov — federal tax treatment of trusts
• State trust & property codes: each state’s trust statute and recording rules, linked inside the individual state guides

Trusts by state data compiled from official state trust and property codes, the Uniform Trust Code, and established legal-reference sources. Transfer-on-death deed availability and community-property rules change as legislatures amend the law. Click any state above for its verified guide with current details. Last reviewed June 2026.

Informational only — not legal or tax advice. This page is for general informational purposes only and does not create an attorney-client relationship. Trust, property, and tax laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney or estate-planning professional.