Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your situation, consult a licensed Alaska attorney and, if the property is in another state, counsel licensed in that state.
Detailed Answer
If you live in Alaska and you want your will to dispose of a house you own that is located in another state, you can generally do so from your Alaska will. However, there are several important legal and practical steps to follow so your wishes can be carried out smoothly.
1. Validity of the Alaska will
First, make sure your Alaska will is valid. Alaska’s laws about making and signing wills are found in Title 13 of the Alaska Statutes (Probate, Estates, Guardianships, and Protective Proceedings). You should follow Alaska’s execution rules (witnesses, signatures, and any required formalities) so the will is valid here. See Alaska statutes: Title 13, Alaska Statutes (Probate & Estates).
2. Real property is governed by the law of the location (lex situs)
While your Alaska will can express who should receive the out-of-state house, the transfer of real estate after death is governed primarily by the law of the state where the house is located. That means the other state may require an ancillary probate or follow different formalities to transfer title. Expect to work with an attorney licensed in the state where the property sits to clear title and complete transfer.
3. How to describe the house in the will
Use a clear, specific description to avoid ambiguity. Include:
- Street address and county (if known).
- The legal description from the deed or the parcel/tax ID number.
- The current deed holder’s name (if that differs from your name).
A specific bequest clause works well: for example, “I give my house located at [street address], in [county], [state], legally described as [insert legal description or parcel number], to [beneficiary name].” Avoid vague phrasing that could create disputes.
4. Consider how title will pass outside of probate
Some ways to transfer real property without probate include joint tenancy with right of survivorship, transfer-on-death (TOD) or beneficiary deed (if allowed by the other state), life estate deeds, or placing the property into a trust. If the out-of-state jurisdiction allows a beneficiary deed or TOD deed, that can avoid ancillary probate. Ask a local attorney whether those tools are available and appropriate.
5. Ancillary probate and administration
If the house must go through probate in the state where it is located, the executor named in your Alaska will (or an administrator appointed under Alaska law) or a local representative will likely need to open an ancillary probate proceeding in that state. Ancillary probate typically confirms the will’s direction for real property and permits the local court to supervise transfer of title. Ancillary probate means extra time, paperwork, and costs.
6. Coordination between documents
Make sure other estate planning documents (deeds, beneficiary deeds, trusts, powers of attorney, joint ownership documents) do not conflict with your will. A deed executed during life (for example, joint tenancy) usually governs ownership regardless of a later will. If you want the will to control, avoid creating competing title arrangements without understanding their impact.
7. Tax and creditor considerations
Transferring real estate can have tax consequences (state transfer taxes, potential estate taxes if the estate is large, capital gains basis issues for beneficiaries). Creditors with valid claims may also have rights against the property. Consult a tax advisor and local counsel about these issues.
8. Practical steps to take now
- Locate the current deed and note the legal description and parcel/tax ID.
- Update or prepare an Alaska will that expressly identifies the out-of-state house and names a primary and backup executor or personal representative.
- Confirm the will is executed according to Alaska formalities (signed, witnessed, and any required notarization or self-proving affidavits if you choose).
- Ask a lawyer in the state where the house is located whether ancillary probate will be required and whether a beneficiary deed, joint ownership, or trust would be better.
- Keep copies of the deed and will together and tell your executor where to find them.
Helpful Hints
- Be specific in the will. Use the deed’s legal description to prevent confusion.
- Don’t assume a will in Alaska automatically clears title in another state—expect ancillary probate unless you use a deed-based transfer or trust.
- Talk to a local attorney where the property sits before relying on an Alaska-only will for real estate transfer.
- Consider non-probate options (joint tenancy or beneficiary/transfer-on-death deeds) if your goal is to avoid probate; these options vary by state.
- Update your estate plan if you change the property’s title, sell the home, or move your primary residence to another state.
- Keep your executor informed and provide copies of deeds, mortgage statements, and insurance information so they can act quickly after your death.
- Review potential tax consequences—estate and transfer taxes may apply depending on the other state and the size of your estate.
For the most reliable result, combine an Alaska-drafted and executed will with legal advice from an attorney in the state where the property is located. That approach reduces the chance of delay, extra cost, or unintended outcomes for your beneficiaries.
Remember: this is general information and not legal advice. Consult licensed attorneys in Alaska and in the state where the property is located to make a plan tailored to your situation.