Community Property, Elective Share, and the Migratory Client
How marital-property regimes shape planning, spousal protection in separate-property states, and traps when clients move.
What this guide covers
- Community-property states give each spouse half and, importantly, a double basis step-up at the first death.
- Separate-property states protect the survivor with an elective share, often computed on an augmented estate and waivable by marital agreement.
- Interstate moves change property character, elective-share exposure, and basis planning — always re-review after a relocation.
The full guide includes the detailed analysis, worked examples, statutory citations, and related resources below.
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Educational reference, not legal advice. Prepared for licensed professionals as general reference; not legal advice and no attorney-client relationship is created. Law varies by state and changes over time — verify transfer-tax figures and statutory citations against current primary authority. This resource was last updated 2026-07-31. Estateur is not a law firm.