Detailed answer

Short answer: Yes — you can and should mention a house you own outside Minnesota in a Minnesota will, but the transfer of that property at death will usually be governed by the law of the state where the property sits. That means your Minnesota will can state your wishes for the out-of-state house, but you may still need a separate or “ancillary” probate process in the other state to change title to the new owner.

Why the property’s location matters

Real estate is governed by the law where the land is located (not where you live). A will probated in Minnesota controls distribution of your estate under Minnesota probate rules, but a second probate (ancillary probate) or a local transfer procedure is often required in the state where the house is located to clear title and record the new owner.

Key Minnesota legal background

Minnesota follows the Uniform Probate Code in many respects; Minnesota’s probate and will rules are in Chapter 524 of the Minnesota Statutes. See Minnesota Statutes, chapter 524 for probate and wills: https://www.revisor.mn.gov/statutes/cite/524. Be aware that Minnesota estate tax rules may apply to your worldwide estate if you are domiciled in Minnesota; see Minnesota statutes on estate tax at: https://www.revisor.mn.gov/statutes/cite/291A.

Practical steps to include an out-of-state house in your Minnesota will

1. Identify exactly how the house is titled. If it is owned jointly with rights of survivorship, held in a trust, or has a transfer-on-death (TOD) deed, it may pass outside probate. If it is solely in your name, your will is the primary document to transfer it on death.
2. Describe the property clearly in the will. Use the street address and a legal description if you have it. Avoid vague language. You can leave the property to a named person (a devisee) or to your residuary estate.
3. Name an executor/personal representative in Minnesota. That person will handle your Minnesota probate and can coordinate with counsel in the other state for any ancillary process.
4. Expect ancillary probate where the property sits. The executor will probably need to open an ancillary estate or obtain ancillary letters in the state where the real property is located to transfer title to the devisee. Ancillary procedures vary by state and may be streamlined for small estates; check the other state’s probate laws and procedures.
5. Consider alternatives to simplify transfer. Options include placing the house into a revocable living trust (a “pour-over” trust works with your will), creating a TOD deed (if allowed in that state), or changing title to joint tenancy with the intended co-owner. Each option has pros/cons and tax implications.
6. Address taxes and creditors. A property in another state may create filing obligations (estate tax, income tax, or local fees) in that state. Minnesota estate tax may still apply to your overall estate if you are domiciled here.

Ancillary probate: what to expect

If the out-of-state property requires ancillary probate, the Minnesota executor typically provides the other state’s court with certified copies of the Minnesota probate documents (will, death certificate, letters testamentary). The other state may rely on those documents to appoint a local personal representative or to accept the Minnesota personal representative’s authority, depending on local rules.

Common pitfalls

• Relying on a Minnesota will alone without checking the rules of the state where the property sits.
• Failing to confirm how the property is titled or whether a beneficiary designation, trust, or joint ownership already controls transfer.
• Not planning for ancillary costs (probate fees, attorney fees, recording fees) in the other state.
• Assuming estate tax won’t apply; Minnesota estate tax rules can apply to a Minnesota domiciliary’s worldwide assets.

When to consult an attorney

Talk to a Minnesota estate attorney if you:

• Own significant real property in another state;
• Have complex ownership arrangements (trusts, multiple owners, business interests tied to the property);
• want to avoid or simplify ancillary probate; or
• are concerned about estate tax or community property issues (for properties in community property states).

An attorney in the state where the property sits may be needed to complete ancillary probate or to advise on available non-probate transfers for that state.

Sample clause (illustrative only)

“I give my real property located at [street address, city, county, state], and described as [legal description if available], to [full name of beneficiary], to be theirs absolutely.”

Do not copy this clause without legal review; wording should be tailored to your situation and the other state’s requirements.

Resources

• Minnesota Statutes, Chapter 524 (Probate and Wills): https://www.revisor.mn.gov/statutes/cite/524.
• Minnesota Statutes, Chapter 291A (Estate tax): https://www.revisor.mn.gov/statutes/cite/291A.
• If the other state is known, check that state’s statutes or court website for ancillary probate procedures.

Disclaimer

This information is educational and does not constitute legal advice. Laws vary by situation and change over time. For personalized guidance, consult a qualified Minnesota estate attorney and counsel in the state where the property is located.

Helpful Hints

• Confirm property title now — it drives next steps.
• Keep the legal description and deed in your estate file for easy reference.
• Discuss plans with the person you name as executor so they know the location and details of the out-of-state property.
• Consider a revocable trust if you want to avoid ancillary probate for real property in another state.
• Ask an attorney about state-specific transfer options (TOD deeds, small estate affidavits, joint tenancy).
• Coordinate estate planning across states — one attorney can coordinate with local counsel where the property sits.