How to Include Out-of-State Real Estate in a Louisiana Will | Louisiana Estate Planning | FastCounsel
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How to Include Out-of-State Real Estate in a Louisiana Will

Detailed Answer: Including a house located outside Louisiana in your Louisiana will

Short answer: You can leave a house that is located in another state (for example, a property you own in a different state) in a Louisiana will, but the transfer and probate for that house will usually be governed by the law of the state where the house is located. To reduce problems and unexpected costs, make sure your Louisiana will is properly executed under Louisiana formalities, describe the out-of-state property clearly, and plan for ancillary probate or an alternative (like a trust) in the state where the real estate sits.

How this works — key legal principles (plain English)

  • Location of the property controls property law: Real estate is governed by the law of the state where the land sits (lex rei sitae). That means the rules for transferring title, recording deeds, and certain probate formalities for that house will be set by that other state’s laws.
  • Will formalities and validity: Your Louisiana will must meet Louisiana formalities to be valid in Louisiana. Louisiana recognizes certain types of wills (for example, notarial/written wills and handwritten wills). If the will is valid under Louisiana law, Louisiana courts will generally accept it for Louisiana probate. Many states also respect wills that were valid where executed or under the testator’s domicile at death. To check Louisiana statutes and rules on wills, refer to the Louisiana Legislature’s resources: https://legis.la.gov/.
  • Ancillary probate: When you die, the estate administration for the out-of-state house will often require an ancillary or secondary probate proceeding in the state where the house is located. Ancillary probate can add time, filing fees, attorney fees, and procedural steps.
  • Practical alternatives: To avoid ancillary probate, people commonly use ownership structures such as a revocable living trust, joint ownership with right of survivorship, or state-specific transfer-on-death deeds (if available where the property is located). Each option has trade-offs and must be set up correctly under state law.

Practical step-by-step checklist

  1. Confirm ownership and title details for the house. Get a copy of the deed, mortgage documents, and any recent title report.
  2. Describe the property in your Louisiana will clearly. Use the legal description from the deed if possible, and list the county/parish and state where it sits. Avoid vague language like “my house” without identifying which house.
  3. Execute your Louisiana will correctly. Louisiana recognizes different valid will types (for example, notarial wills and handwritten wills). Make sure you follow Louisiana formalities so Louisiana courts will accept the will for your Louisiana assets. See Louisiana legislative resources: https://legis.la.gov/.
  4. Plan for ancillary probate. Expect that the other state may require an ancillary probate to transfer title. Ask a probate or real estate attorney in the property’s state whether an ancillary probate will be necessary.
  5. Consider probate-avoidance tools. A properly drafted revocable living trust that owns the out-of-state real estate can often avoid ancillary probate. Other options include joint ownership with right of survivorship or a transfer-on-death deed if that state permits it.
  6. Coordinate estate and tax planning. Check whether the other state has estate or inheritance taxes, and consider federal estate tax thresholds. Coordinate beneficiaries, mortgage payoff, insurance, and tax obligations across both states.
  7. Work with local counsel where the property is located. Because transfer formalities and recording requirements vary, consult an attorney licensed in the state where the house is situated to handle title transfer, recording a deed, or ancillary probate.

Common scenarios and what to expect

Scenario A — You leave the out-of-state house to a named beneficiary in your Louisiana will: After your Louisiana personal representative (executor) completes Louisiana probate for in-state assets, that representative or a separate personal representative may need to open ancillary probate in the other state to transfer the house into the beneficiary’s name.

Scenario B — You put the house into a revocable trust while alive and name a successor trustee: The trust typically controls distribution at death and usually avoids ancillary probate in the other state because the trust (not your probate estate) owns the property. The successor trustee transfers title based on trust terms and that state’s recording requirements.

Scenario C — The house is co-owned with rights of survivorship or held as tenancy by the entireties where available: Ownership may pass immediately to the surviving owner and avoid probate for that asset. Verify how the property is titled and whether the type of co-ownership is recognized by the state where the house sits.

What documents and information to gather before you meet an attorney

  • Copy of the deed and legal description of the property
  • Title insurance policy or recent title search (if any)
  • Mortgage statements and payoff balance
  • Property tax records
  • Current will, trust documents, and beneficiary designations
  • Names and contact information for the people you want to receive the property

When to consult lawyers

  • Consult a Louisiana estate attorney to draft or update your Louisiana will and to advise consistency between the will and other planning documents.
  • Consult an attorney licensed in the state where the house is located to advise on local conveyancing, ancillary probate rules, and probate-avoidance tools available in that state.
  • If federal or state estate taxes may apply, consult an estate tax attorney or accountant.

Helpful legal resources

  • Louisiana Legislature — main page and statute search (for Civil Code and succession/will provisions): https://legis.la.gov/
  • Local county/parish recorder or clerk of court website where the house is located (for deed recording and local probate procedures)

Disclaimer: This article explains general principles under Louisiana law and common planning options. It is not legal advice. For advice about your particular situation, consult a licensed Louisiana attorney and an attorney in the state where the house is located.

Helpful Hints

  • Always identify the property with the legal description from the deed to avoid ambiguity.
  • If you already have a Louisiana will, do not sign a second conflicting will without revoking or updating the first; conflicting documents create extra work and delay for your heirs.
  • Consider a revocable living trust if you want to avoid ancillary probate for out-of-state real estate.
  • Double-check how the property is titled now. Sometimes retitling (to joint tenancy or into a trust) during life is simpler than dealing with probate later.
  • Keep copies of all property documents and make sure heirs know where to find them and who the relevant attorneys are.
  • Ask your out-of-state attorney whether that state offers a simple “transfer on death” or beneficiary deed option; if available and appropriate, it can avoid probate for that property.
  • Remember costs: ancillary probate, filing fees, and attorney fees in another state can add significant expense—factor these into your planning.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.