
Best U.S. Trust Jurisdiction
Not all trust jurisdictions are created equal.
Bridgeford Trust Company developed a comprehensive comparison of the nation’s top-tier trust jurisdictions, with particular emphasis on the laws and planning opportunities that clearly distinguish South Dakota as the superior trust jurisdiction in the overall analysis.
As illustrated by the shaded areas on the chart, South Dakota excels in seven key categories, making it the overall trust jurisdiction of choice for advisors across the country and around the world. Click the categories below to learn more about the progressive trust laws and planning opportunities that set South Dakota apart from the nation’s leading trust jurisdictions.
| RecommendedSouth Dakota | Nevada | Wyoming | Alaska | Delaware | |
|---|---|---|---|---|---|
| Dynasty Trusts | YesRanked #1 [1] | YesRanked #2 [1] | YesRanked #5 [1] | YesRanked #4 [1] | YesRanked #7 |
| State Income Taxation | No | No | No | NoFuture uncertain | NoOnly for non-residents |
| Community Property Trusts | Yes [3] | No | No | YesFuture uncertain | No |
| Domestic Asset Protection Statute | Yes [4]2 yr statute · exception for child support | Yes [4]2 yr statute · no exceptions for child/spousal support | Yes [4]4 yr statute · exception for child support | Yes [4]4 yr statute · exception for divorcing spouse | Yes [4]4 yr statute · exceptions for child & spousal support |
| Trust Protector | Yes | Yes | Yes | Yes | Yes |
| Directed Trusts | Yes | Yes | Yes | Yes | Yes |
| Decanting Statute | YesRanked #1 [5] | YesRanked #2 [5] | YesRanked #14 [5] | YesRanked #9 [5] | YesRanked #3 [5] |
| Trust Privacy Provision | Yes — Total Privacy Seal Forever [2]Automatically attaches | No Total Privacy Seal [2]Subject to judge discretion | No Total Privacy Seal [2]Subject to judge discretion | No Total Privacy Seal [2]Subject to judge discretion | Yes — Three Year Privacy Seal [2]Subject to judge discretion |
| Special Purpose Entity | Yes [2]Codified by statute | No | No | No | No |
| Family Advisor | Yes | No | No | No | No |
| State Fiscal Health | Ranked #1 [6] | Ranked #18 [6] | Ranked #48 [6] | Ranked #50 [6] | Ranked #38 [6] |
*Denotes superior distinction among jurisdictions.
Additional State Comparisons
Bridgeford Trust Company has also prepared trust jurisdiction comparisons for the following states.
If you’re interested in comparing South Dakota with a jurisdiction not listed below, please don’t hesitate to reach out to us through our contact form or call us at (605) 224-9189. We’d be happy to help!
Citations
[1] Attorney Steve Oshins’ “Dynasty Trust State Rankings Chart – Updated January 2025”
[2] Worthington, Daniel G. and Merric, Mark “Which Situs is Best in 2024?” Trusts & Estates January 2024
[3] South Dakota Special Spousal Trusts, House Bill 1039 (2016) (Sections 29-42)
[4] Attorney Steve Oshins’ “11th Annual Domestic Asset Protection Trust State Rankings Chart”
[5] Attorney Steve Oshins’ “8th Annual Trust Decanting State Rankings Chart”
[6] Murphy, Mary; Iyengar, Akshay; and Zhang, Alexandria “Tax Revenue Volatility Varies Across States, Revenue Streams” PEW August 2018
Questions About Choosing the Best Trust Jurisdiction?
If you have questions about selecting the best trust jurisdiction or would like to explore how South Dakota may benefit your trust planning objectives, reach out to us through our contact form or call us at (605) 224-9189.






