There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska, South Dakota, and Tennessee are opt-in community property state that gives both parties the option to make their property community property.
Married individuals in any of these states can elect to own their jointly held property as community property. Upon death, holding title to your assets as community property provides significant income tax advantages for the surviving spouse. To ensure that the surviving spouse receives these income tax advantages, we include a community property agreement in the revocable trust package for married individuals who reside in these states.