When military families PCS (Permanent Change of Station), estate plans are often overlooked in the chaos of moving. But estate planning documents drafted in one state may not work properly in another. Here's your complete PCS estate planning checklist to ensure your family stays protected across every duty station.
Why Your Estate Plan May Not Transfer
Estate planning law varies significantly by state. A document that's perfectly valid in California might not work the same way in Texas, Virginia, or overseas. Key differences include:
Community property vs. common law states: California, Texas, and Arizona are community property states. Most others follow common law rules. Property ownership and spousal rights differ dramatically.
Power of attorney requirements: Some states have specific statutory forms. Your old state's form may not be recognized.
Healthcare directive formats: The document that lets your spouse make medical decisions for you may not be accepted at your new duty station's medical facility.
Trust law variations: Trust administration rules differ by state, affecting how your successor trustee operates.
The PCS Estate Planning Checklist
Before You Move
1. Locate all your estate planning documents
- Revocable living trust
- Pour-over will
- Powers of attorney (financial and healthcare)
- HIPAA authorizations
- Guardian nominations
- Any trust amendments
2. Review beneficiary designations
- SGLI (Servicemembers' Group Life Insurance)
- TSP (Thrift Savings Plan)
- Other retirement accounts
- Bank and investment accounts
- Civilian life insurance policies
3. Note your current legal residence state
- Where were your documents drafted?
- What state law governs them?
- Are you changing your legal domicile?
During the Move
4. Keep original documents secure
- Don't pack them in household goods
- Carry them with you or ship separately
- Store copies in a secure digital location
5. Update your address with
- Your estate planning attorney
- Financial institutions
- Insurance companies
- TSP and other retirement plans
After You Arrive
6. Review your estate plan with a local attorney
- Do your documents work in the new state?
- Are powers of attorney in the proper format?
- Does your healthcare directive meet local requirements?
7. Update your documents if needed
- Retitle real estate into your trust (if applicable)
- Update trustee/agent addresses
- Consider state-specific provisions
8. Verify beneficiary designations transferred correctly
- Confirm SGLI beneficiaries
- Check TSP designations
- Review all accounts
State-Specific Issues to Watch
Community Property States
If moving to or from California, Texas, Arizona, Nevada, New Mexico, Washington, Idaho, Louisiana, or Wisconsin:
- Property ownership rules change
- Spousal consent requirements differ
- Trust provisions may need adjustment
States with Specific Power of Attorney Forms
Some states (like New York) have statutory power of attorney forms. Your existing form may need to be supplemented or replaced.
Healthcare Directive Recognition
While most states accept out-of-state healthcare directives, medical facilities may be unfamiliar with foreign documents. Having a local-format directive reduces complications.
Special Considerations for Overseas PCS
If you're moving OCONUS (Outside Continental United States):
Legal domicile matters more than ever
- Maintain a U.S. state of legal residence
- Your estate plan should be governed by that state's law
- Don't let legal domicile become unclear
SOFA (Status of Forces Agreement) implications
- Host country laws may affect some assets
- Real property abroad has unique considerations
- Consult with a JAG attorney about local requirements
Document accessibility
- Ensure powers of attorney are available if needed
- Consider giving copies to family members stateside
- Maintain secure digital backups
When to Completely Redo Your Estate Plan
Some moves require more than minor updates:
Complete revision recommended when:
- Moving from community property to common law state (or vice versa)
- You've had major life changes since the last update
- Your documents are more than 5 years old
- You're adding significant new assets (like buying a home)
- You're becoming stationed overseas for an extended period
Minor updates usually sufficient when:
- Moving between similar states
- Documents are recent and comprehensive
- No major life changes have occurred
- You're only updating addresses and minor details
The Military Family Advantage
At Bordeaux Legacy Law, we understand PCS moves because we've lived them. As a former Navy spouse who moved multiple times, I build estate plans designed to travel with you:
Flexible trustee provisions that work across state lines
Broadly worded powers of attorney that most states accept
Healthcare directives with language that travels well
Clear guidance on what needs updating when you move
Whether you're at your first duty station or your tenth, your estate plan should protect your family wherever the military sends you.
Frequently Asked Questions
Do I need a new estate plan every time I PCS?
Not necessarily. A well-drafted estate plan can work across multiple states, but you should have it reviewed after each move to confirm it still functions properly. Some moves (especially between community property and common law states) may require updates.
Can I keep my California estate plan if I'm stationed in Texas?
Your California trust and will may still work, but powers of attorney and healthcare directives might need to be supplemented with Texas-format documents. Texas is also a community property state, which simplifies some issues. Have a local attorney review your documents.
What's the most important thing to check after a PCS move?
Confirm your healthcare directive and power of attorney will be accepted at your new duty station. These are the documents you're most likely to need quickly, and medical facilities sometimes reject unfamiliar formats.
Should I update SGLI beneficiaries when I PCS?
You should verify your SGLI beneficiaries are correct, but they don't need to change just because you moved. The address update is more critical. Use the move as an opportunity to confirm your beneficiary designations still match your wishes.