Short answer

Yes. You can include a house you own in another state in a Florida will. Florida law allows you to devise (leave) real property located anywhere. However, the law of the state where the house sits (the situs state) will govern how title actually transfers after your death. That often means you or your beneficiaries will need an ancillary probate in the situs state unless you use other transfer tools (trusts, joint tenancy, beneficiary deeds where available).

Detailed answer — What you need to know under Florida law

This section explains the legal and practical steps to include an out-of-state house in a Florida will. It assumes you own property in another state (for example, North Carolina) but are a Florida resident and want your Florida will to control the disposition.

1. Florida wills can dispose of out-of-state real estate

Florida law regulates the formalities for making a valid will in Florida. A valid Florida will can name and leave real property located in other states. Make sure your Florida will is executed according to Florida requirements (signature, witnesses, or a self-proving affidavit) to be admitted to probate in Florida. See the Florida statutory rules on will execution at Fla. Stat. §732.502 and making a will self-proved at Fla. Stat. §732.503 for details: Fla. Stat. §732.502 and Fla. Stat. §732.503.

2. The situs state’s law controls how title passes

While your Florida will can identify who gets the house, the state where the house sits controls property transfer and recording requirements. That means even a clear Florida will may need to be proved in the other state before title transfer or recording can occur. In practice, probate or a short ancillary proceeding in the situs state is often necessary.

3. Ancillary probate is common for out-of-state real property

If the real property is titled only in your name and not transferred by other means before death, a probate proceeding in the state where the property is located is usually required. That proceeding is often called ancillary probate or ancillary administration. Ancillary probate lets the local court confirm the will and permit transfer or recording under that state’s law. Expect filing requirements, local forms, and fees in the situs state.

4. Consider alternatives to avoid or simplify ancillary probate

If you want to avoid ancillary probate, consider these options before you die (each has pros and cons and may have tax or creditor implications):

• Title the property with a joint owner (joint tenancy with rights of survivorship) — immediate transfer at death but may affect creditor exposure and taxes.
• Use a revocable living trust and place the property into the trust — often simplifies transfer because successor trustee can convey title without probate, but ensure trust is properly funded and the deed is recorded in the situs state.
• Use state-specific tools such as a Transfer-on-Death deed (beneficiary deed) if the situs state allows it — some states (including North Carolina for example) have specific rules; check local law.

5. Draft your Florida will carefully when naming out-of-state real property

To reduce confusion and mistakes, describe the property precisely in the will:

• Use the full legal description from the deed or county property records when possible.
• Include parcel/tax ID number and county and state where the property is located.
• State clearly who receives the property (full devise, percentage, or contingency if primary beneficiary cannot accept).

Example clause (sample language only — not legal advice):

“I give, devise, and bequeath all my right, title and interest in the real property commonly known as 123 Main Street, AnyTown, [Situs State], and more particularly described as [insert legal description and parcel ID], to [Beneficiary Name], per stirpes (or ‘share and share alike’).”

6. Homestead rules — usually not applicable to out-of-state property

Florida’s homestead protections are strong for property located in Florida, and certain testamentary limitations apply if the property is Florida homestead and specific family members survive you. Those protections generally do not apply to real property located in another state. Still, check the laws of both Florida and the property’s state if homestead issues may arise.

7. Work with counsel in both states

Because the situs state’s law will control the transfer, it is wise to consult:

• A Florida estate planning attorney to draft or update your Florida will and advise on Florida formalities and statewide issues.
• An attorney licensed in the state where the house is located to advise on local probate, deed requirements, taxes, liens, and possible alternatives (beneficiary deeds, trust funding, joint ownership).

8. Practical checklist

1. Locate the current deed and get the full legal description and parcel ID.
2. Decide whether you want the house to pass by will, trust, joint ownership, or beneficiary deed.
3. If using a will, include detailed description and explicit devise language in your Florida will; have it executed under Florida requirements (see Fla. Stat. §732.502).
4. Consider a self-proved affidavit when you sign the will to speed probate (see Fla. Stat. §732.503).
5. Tell your chosen executor and potential beneficiaries where the deed and will are kept; consider providing copies to your Florida attorney and the local counsel in the situs state.

When an ancillary probate will likely be needed

Expect ancillary probate if:

• The property is titled only in your name (not in joint tenancy or a trust).
• The situs state does not offer or you did not use a beneficiary deed or transfer-on-death instrument that avoids probate.

Ancillary probate procedures, costs, timing, and required documents vary by state and county.

Helpful Hints

• Use the property’s legal description and parcel ID in your will to avoid ambiguity.
• Consider a revocable trust if you prefer to avoid ancillary probate — transfer title into the trust and update beneficiary and trustee provisions.
• Ask your Florida attorney to include coordination language indicating you own out-of-state real estate and identifying its location and deed details.
• Keep originals of deeds and the will in a safe but accessible place and tell your executor where to find them.
• Review your plan whenever you move, sell the property, or after major life changes (marriage, divorce, births, deaths).
• Budget for possible ancillary probate costs, transfer taxes, and local estate administration fees in the property’s state.

Where to learn more

For Florida will formalities see Fla. Stat. §732.502 (execution and attestation) and Fla. Stat. §732.503 (self-proved wills): Fla. Stat. §732.502, Fla. Stat. §732.503. For state-specific rules about property transfer and ancillary probate, consult the court or statutes in the state where the house is located.