Including an Out-of-State House in Your Maryland Will | Maryland Probate

Detailed Answer

This section explains how a Maryland will can cover real estate that sits in another state, what limits you should expect, and practical steps to make sure your out-of-state property transfers the way you want after you die. This is general information only and not legal advice.

Basic legal rule you need to know

Real property (land and houses) is governed by the law of the state where the property is located (the situs). That means even if you live in Maryland and write a Maryland will, the ownership and title rules for a house outside Maryland will be decided under the law of the state where that house sits. You can, however, name who should receive an out-of-state house in a Maryland will.

Validity of the will

To work, your will must be valid. Maryland recognizes wills executed according to Maryland rules and (under many circumstances) wills executed under other states’ laws. For general Maryland probate guidance, see the Maryland Courts probate pages: https://www.mdcourts.gov/probate/wills. For the Maryland Estates & Trusts statutory text, see the Maryland General Assembly site: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=EST.

What usually happens to out-of-state real estate after your death

Maryland will: A properly drafted Maryland will can name a beneficiary for property you own in another state.
Ancillary probate likely required: To clear title to real estate in the other state, your estate or your beneficiary will usually need to open a limited or full probate case in the state where the house is located. That is called ancillary probate or ancillary administration.
State law controls title and transfer mechanics: The other state’s probate and property law determine how title actually moves from your estate to the person you named.

Practical steps you should take in Maryland when you own a house in another state

Identify the property precisely. Get the legal description from the deed or the county recorder in the county where the house is located. Include the full address and the legal description in your planning documents so there’s no ambiguity.
Use a clear specific-devise clause in your will. If you want a particular person to receive that house, use a specific devise clause that identifies the property by address and legal description and names the beneficiary precisely. Example clause (hypothetical): “I give and devise my real property located at [street address], in [county], [state], together with all buildings and appurtenances, to [Full Name of Beneficiary].” Avoid vague descriptions like “my cabin” or “my house in the mountains.”
State intention about liens and debts. Clarify whether the beneficiary will take subject to mortgages, liens, back taxes, or whether the estate should pay those off first. Ambiguity causes delays in ancillary probate.
Anticipate ancillary probate. Plan for the cost and time of opening probate in the property’s state. For many states this is a limited process used only to transfer real property owned by a nonresident decedent.
Consider a revocable living trust. Placing the out-of-state house into a revocable trust you control during life can avoid ancillary probate in the other state. If the house is owned by the trust at your death, your trustee can transfer title under trust terms—often without a separate probate case in the property’s state. Talk to an attorney if you want to use a trust for multi-state property.
Consider non-probate ownership options cautiously. Some people add a co-owner as joint tenant with right of survivorship or use a transfer-on-death deed (if the property’s state allows it). Those options avoid probate but have other legal and tax consequences. Do not change ownership without understanding the effect on control, taxes, creditor exposure, and Medicaid planning.
Coordinate counsel across states. When a property sits outside Maryland, it is best to consult a Maryland estate attorney plus a local lawyer in the state where the property sits. They can ensure the will and any deeds or trusts comply with both states’ laws and avoid surprises.

Common problems to avoid

Using vague descriptions that make the property hard to locate in the other state.
Assuming a Maryland probate will immediately change title in the other state without ancillary steps.
Transferring title near the end of life for tax or benefit reasons without legal advice—this can trigger taxes or affect eligibility for public benefits.
Failing to check whether the other state has special rules (community property, mandatory homestead protections, restrictions on devise of certain property, etc.).

When to get legal help

Get legal help if you own significant out-of-state real estate, if multiple heirs may claim competing rights, if the property has liens or unresolved title issues, or if you want to avoid ancillary probate (for example, by using a trust or a deed-based transfer allowed by the property’s state). An attorney licensed in the state where the house sits can explain local probate requirements and filing procedures; a Maryland attorney can integrate that plan with your Maryland will and overall estate plan.

Relevant Maryland resources: Maryland Courts probate general information: https://www.mdcourts.gov/probate; Maryland statutes (Estates & Trusts): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=EST.

Bottom line: Yes—you can include an out-of-state house in a Maryland will. To make that transfer reliable and efficient, identify the property clearly, draft a specific devise clause, expect ancillary probate in the other state unless you use a trust or other non-probate device, and coordinate counsel in both states.

Helpful Hints

Keep a copy of the deed and the property’s legal description with your estate planning records.
List the county recorder or land records office where the property is located so your executor can find title documents quickly.
Talk to a Maryland estate attorney about whether a revocable trust would be a better way to transfer the out-of-state house.
If you name a specific beneficiary, include identifying information (full legal name, birth date, relationship) to reduce ambiguity.
Check whether the property’s state permits a “transfer-on-death” deed or similar non-probate transfer—this may be a simple way to avoid ancillary probate in that state.
If you already have a will and you buy an out-of-state house later, update the will or add a codicil to reflect the new property and your intended beneficiary.
Remember that joint ownership and beneficiary designations can defeat the will; coordinate all ownership and beneficiary arrangements to match your plan.

Disclaimer: This information is educational only and does not create an attorney-client relationship. It is not legal advice. For advice specific to your situation, consult an attorney licensed in Maryland and an attorney in the state where the real property is located.