NextGen Bar Exam State-by-State Adoption: Who's In, Who's Out, Who's Waiting

"Is my state switching to the NextGen?" is the single most-asked question in bar prep forums right now. The answer for 44 jurisdictions is yes — but when they switch matters enormously for your preparation timeline. A candidate taking the bar in Oregon in July 2026 faces a completely different exam than a candidate in the same state one year earlier. And if you're in California or Nevada, the NextGen isn't coming at all.

Here's the current adoption map, what it means for your planning, and a few things about the transition that aren't getting enough attention.

The Rollout Timeline

The NCBE is rolling out the NextGen in four waves over two years:

• July 2026 (Wave 1 — 10 jurisdictions): Connecticut, Guam, Idaho, Maryland, Missouri, Northern Mariana Islands, Oregon, Palau, Virgin Islands, and Washington. These are the early adopters. If you're sitting in one of these jurisdictions this July, you're taking the NextGen.
• July 2027 (Wave 2 — 13 jurisdictions): A larger group joins. Most east coast and midwest states that initially wanted to "wait and see" move in this wave.
• February 2028 (Wave 3 — 3 jurisdictions): A small cohort that wanted one last UBE administration before switching. This is also the final UBE administration — after this date, the legacy exam is gone for good.
• July 2028 (Wave 4 — 18 jurisdictions): The largest wave. These jurisdictions waited as long as possible, likely to give their bar prep infrastructure time to adapt. This wave also coincides with Family Law becoming a ninth foundational subject on the exam.

The Holdouts: California and Nevada

California and Nevada have announced they will not adopt the NextGen Bar Exam. For California, this is characteristically independent — the state has always done things its own way with bar admissions. California attempted to launch its own multiple-choice component in February 2025, which was broadly criticized by bar prep professionals and examinees alike. What California does next is genuinely unclear.

Nevada's decision is quieter but worth noting. If you're planning to practice in Nevada, you need to track what alternative exam format they adopt, because your NextGen score from another jurisdiction may not transfer there.

The practical impact: if you want to practice in California or Nevada and one of the 44 NextGen states, you may need to take two different bar exams. That's a significant planning consideration that candidates discover too late.

Score Portability During the Transition

Under the UBE, score portability was straightforward — pass in one state, transfer your score to another. The NextGen preserves this concept, but the transition period (2026–2028) creates complications that nobody is addressing clearly.

If you take the NextGen in July 2026 in Oregon and want to practice in a state that doesn't adopt until July 2028, can you transfer that score? The answer depends on the receiving jurisdiction's transfer policies, which are still being finalized in many states. Some jurisdictions have signaled they'll accept NextGen scores during the transition; others haven't committed.

If you take the legacy UBE in a non-NextGen state in 2027 and want to transfer to a NextGen state, you may need to retake the exam under the new format. The UBE score transfer window varies by jurisdiction (typically 3–5 years), but accepting a legacy score when the receiving jurisdiction has already switched to NextGen is not guaranteed.

The safest strategy: if you know which states you want to practice in, check their specific transfer policies before choosing when and where to take the exam.

The Surprising Insight: Early Adopters May Have an Advantage

Conventional wisdom says you should avoid being a guinea pig — let other jurisdictions go first, wait for the kinks to get worked out. But there's a counterargument that doesn't get enough air.

The July 2026 NextGen exam will be the NCBE's first real administration. They have every institutional incentive to make the transition smooth and avoid a PR disaster with dramatically lower pass rates. The exam has been extensively field-tested, and the passing standard will be calibrated to produce pass rates broadly consistent with historical UBE averages.

By July 2028, the NCBE will have two years of data and can fine-tune difficulty. The exam may get harder — or at least more precisely calibrated — as the question bank grows. The first cohort benefits from an examiner that's being cautious.

The Contrarian Take: Late Adopters Have It Worse

The 18 jurisdictions in Wave 4 (July 2028) face a uniquely challenging situation. Their candidates take the exam when the NCBE has the most data and the most refined question bank. They also face the addition of Family Law as a ninth foundational subject — an entire new area to prepare for that Wave 1 candidates didn't need to memorize.

Meanwhile, bar prep companies will have had two years to build NextGen-specific materials by July 2028 — but those materials will be expensive, because the companies will have spent two years developing them. The cost-benefit of traditional bar prep courses may actually be worse for late adopters, not better.

What You Should Do Right Now

• Confirm your jurisdiction's adoption wave. Check your state bar association website for the specific NextGen adoption date. Don't rely on secondary sources — some lists are already outdated.
• Check score transfer policies if you plan to practice in multiple states. Especially during the 2026–2028 transition, transfer rules are jurisdiction-specific and still evolving.
• Start practicing the NextGen format now regardless of your wave. The IQS format, select-2-of-6 MCQs, and integrated performance tasks require practice time that traditional bar prep doesn't cover.
• Benchmark your current knowledge. Take our free readiness quiz to see where you stand across all eight foundational subjects. Your study plan should prioritize your weakest areas first.

FAQ

How many states are adopting the NextGen Bar Exam?

44 jurisdictions have committed to adopting the NextGen, rolling out in four waves from July 2026 through July 2028. California and Nevada have announced they will not adopt.

When is the last UBE administration?

February 2028. After that date, all participating jurisdictions will administer the NextGen. Candidates in late-adopting states who prefer the UBE format should plan to take it before this cutoff.

Can I transfer my NextGen score to a state that hasn't adopted yet?

It depends on the receiving jurisdiction's transfer policies, which are still being finalized in many states. Contact the specific state bar directly — don't assume portability during the transition period.

What happens if I take the UBE and my state switches to NextGen before I apply?

UBE scores have a transfer window (typically 3–5 years), but whether a NextGen state will accept a legacy UBE score after they've switched is jurisdiction-specific. Check with your state bar before banking on a UBE score for long-term use.

Why did California reject the NextGen?

California has historically maintained its own bar exam requirements separate from the UBE. After a widely criticized attempt to create its own multiple-choice component in February 2025, California's path forward is uncertain. Candidates planning to practice in California should monitor the State Bar of California website for updates.

Does Family Law get added to the NextGen?

Yes. Family Law becomes a ninth foundational subject starting July 2028. Before that date, Family Law can appear in performance tasks and IQS with provided legal resources — you don't need to memorize it. After July 2028, it's tested the same as the other eight subjects.