Rule Against Perpetuities Laws – Summary of the 50 States
| State | Law | Citation |
| Alabama | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 100 years after its creation. |
Ala. St. §35-4-2 |
| Alaska | In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 1,000 years after the death of an individual then alive |
AK ST §34.27.100 |
| Arizona | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 500 years after its creation. |
ARS §33-261
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| Arkansas | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
A.C.A. § 18-3-101 |
| California | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
Cal. Prob. Code §21205 |
| Colorado | In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 1,000 years after the death of an individual then alive |
CRS §15-11-1102.5 |
| Connecticut | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
Conn. Gen. Stat. §45a-491 |
| Delaware | In general:
No interest created in real or personal property is void by reason of the common-law rule against perpetuities. For real property held in trust, at the expiration of 110 years from the later of the date on which a parcel of real property or an interest in real property is added to or purchased by a trust or the date the trust became irrevocable; any interest, if still held in trust, shall be distributed. |
25 Del. C. §503 |
| District of Columbia | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
DC ST §19-901 |
| Florida | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 360 years after its creation. |
FL ST §689.225 |
| Georgia | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
OCGA §44-6-201 |
| Hawaii | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
HRS §525-1 |
| Idaho | No limitation – no rule against perpetuities | ID Code §55-111 |
| Illinois | Rule does not apply to “qualified perpetual trusts” (any trust created on or after January 1, 1998, expressly states that the Rule doesn’t apply, and the trustee has the unlimited power to sell assets). | IL ST Ch. 765, §305/4 |
| Indiana | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
Ind. Code §§32-17-8-3 |
| Iowa | In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive |
Iowa Code §558.68 |
| Kansas | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
KSA §59-3401 |
| Kentucky | No limitation – no rule against perpetuities | KRS §381.215 |
| Louisiana | The rule does not exist under Louisiana civil law.
However, a trust instrument that stipulates a term must terminate not later than:
(a) the later of the death of the last surviving income beneficiary or 20 years from the death of the settlor last to die, if at least one settlor and one income beneficiary are natural persons;
(b) later of the death of the last surviving income beneficiary or 20 years from the creation of the trust, if none of the settlors is a natural person but at least one income beneficiary is a natural person;
(c) 20 years from the death of the settlor last to die, if at least one of the settlors is a natural person but none of the income beneficiaries is a natural person;
(d) 50 years from the creation of the trust, if none of the settlors and none of the income beneficiaries is a natural person. La. Rev. Stat. § 9:1831. A trust instrument that stipulates a longer term than is permitted shall be enforced as though the maximum allowable term had been stipulated. La. Rev. Stat. § 9:1832 |
LA RS §9:1831 |
| Maine | Rule does not apply to trusts created after September 18, 1999 if trust expressly states that the Rule doesn’t apply, and the trustee has the power to sell, mortgage, or lease property for any period of time beyond the period that is required for an interest created under the governing instrument to vest in order to be valid under the Rule Against Perpetuities. | 33 ME RSA §101-A |
| Maryland | Rule Against Perpetuities does not apply if trust expressly states that the Rule doesn’t apply, and the trustee has the power to sell, mortgage, or lease property for any period of time beyond the period that is required for an interest created under the instrument to vest in order to be valid under the Rule Against Perpetuities. | MD Est. & Trust §11-102(5) |
| Massachusetts | No limitation – no rule against perpetuities | MGLA c. 184A §1 |
| Michigan | In general:
(a) A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive, or (b) the interest either vests or terminates within 90 years after its creation.
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MCLA §554.72 |
| Minnesota | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
Minn. Stat. §501A.01 |
| Mississippi | (a) A nonvested property interest is invalid unless:
(1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
MS Code § 89-25-3 |
| Missouri | The Rule Against Perpetuities will not apply to a trust created after August 28, 2001, if a trustee has the power pursuant to the terms of the trust or applicable law to sell the trust property during the period of time the trust continues beyond the period of the Rule Against Perpetuities that would apply to the trust but for this subsection | MO Rev Stat §456.025 |
| Montana | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
Mont. Code Ann. §72-2-1002 |
| Nebraska | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
Neb. Rev. Stat. §76-2002 |
| Nevada | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 365 years after its creation. |
NRS §111.1031 |
| New Hampshire | The common law Rule Against Perpetuities shall not apply to any trust created after January 1, 2004 if: (1) the trust instrument contains a provision which expressly exempts the instrument from the application of the Rule Against Perpetuities; and (2) the trustee has the power under the governing instrument, applicable statute, or common law, to sell, mortgage, or lease property for any period of time beyond the period that is required for an interest created under the governing instrument to vest in order to be valid under the Rule Against Perpetuities | N.H. Rev. Stat. §564:24 |
| New Jersey | No interest created in real or personal property shall be void by reason of any Rule Against Perpetuities, whether the common law Rule or otherwise. The common law Rule Against Perpetuities shall not be in force in this State. | NJSA §46:2F-9 |
| New Mexico | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
NMSA §45-2-901 |
| New York | In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive |
NY Est. Pow. & Trust §9-1.1 |
| North Carolina | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
NC Gen. Stat. §§41-15 |
| North Dakota | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
NDCC §47-02-27.1 |
| Ohio | In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive |
OH ST §2131.08 |
| Oklahoma | In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive |
OK Const. Art. 2, Sec. 32; 60 OS Sec. 175.47 |
| Oregon | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
ORS §105.950 |
| Pennsylvania | Pre 12/31/2006 In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive Post 12/31/2006 (1) Except as provided in paragraph (3), no interest shall be void as a perpetuity. (2) No direction or authorization to accumulate income shall be void as a perpetuity. (3) If a power of appointment is exercised to create a new power of appointment, any interest created by the exercise of the new power of appointment is invalid if it does not vest within 360 years of the creation of the original power of appointment, unless the exercise of the new power of appointment expressly states that this provision shall not apply to the interests created by the exercise.
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20 Pa.C.S. §6104
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| Rhode Island | The common law rule against perpetuities shall no longer be deemed to be in force and/or of any effect in this state, provided, the provisions of this section shall not be construed to invalidate or modify the terms of any interest which would have been valid prior to the effective date of this act, and, provided further, that the provisions of this section shall apply to both legal and equitable interests. | RI GL §34-11-38 |
| South Carolina | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
SC ST §27-6-20 |
| South Dakota | No limitation – no rule against perpetuities | SDCL §43-5-8 |
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Tennessee |
In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 360 years after the death of an individual then alive |
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| Texas | In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive |
TX Prop. Code §112.036 |
| Utah | In general:
A nonvested property interest is invalid unless when the interest is created, it is certain to vest or terminate no later than 1,000 years after the death of an individual then alive |
UT ST §75-2-1203(1) |
| Vermont | Vermont has not codified the Rule Against Perpetuities, but the common-law Rule is mentioned in other statutes and in case law which is 21 years after the death of an individual then alive | N/A |
| Virginia | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
Va Code §55-12.1 |
| Washington | No provision of an instrument creating a trust, including the provisions of any further trust created, and no other disposition of property made pursuant to exercise of a power of appointment granted in or created through authority under such instrument is invalid under the Rule Against Perpetuities, or any similar statute or common law, during the 150 years following the effective date of the instrument.
Thereafter, unless the trust assets have previously become distributable or vested, the provision or other disposition of property is deemed to have been rendered invalid under the Rule Against Perpetuities. |
RCW §11.98.130 |
| West Virginia | In general:
(a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or terminates within 90 years after its creation. |
W.Va. ST §36-1A-1 |
| Wisconsin | *No rule against perpetuties problem as long as the trustee has the power to sell trust assets. | Wis. Stat. §700.16(5) |
| Wyoming | The Rule will not apply to a trust created after July 1, 2003 if: (1) the trust instrument states that the Rule Against Perpetuities shall not apply to the trust; (2) the trust instrument states that the trust shall terminate no later than 1,000 years after the trust’s creation; and (3) the trust is governed by the laws of this state and the trustee maintains a place of business, administers the trust in this state, or is a resident of this state. | WY ST §34-1-139(b) |
*Updated as of June 2018
