Including an Out-of-State House in Your Pennsylvania Will: Practical FAQ

Disclaimer: This is general information only and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed attorney.

Detailed answer — can a Pennsylvania will cover real estate located in another state?

Yes. Under Pennsylvania law, you can use a Pennsylvania will to leave real property located in another state to a beneficiary. To be effective in Pennsylvania, your will must meet Pennsylvania execution rules or meet certain other recognized formalities. See 20 Pa.C.S. § 2502 for the formal requirements that make a will valid under Pennsylvania law:

20 Pa.C.S. § 2502 (Execution and attestation of wills).

Many states (including Pennsylvania) also accept a will that was validly executed under the law of the place where the will was signed or the testator’s domicile. That helps when a will was signed in another state.

Key practical points

• Validity: Make sure the will is executed following Pennsylvania rules (signed by you, witnessed, etc.). A properly executed Pennsylvania will is generally treated as valid to dispose of property wherever it is located.
• Situs (governing law for real estate): Title and the procedures for changing title to real property are governed by the law of the state where the property sits. That means even if your Pennsylvania will disposes of an out-of-state house, the other state’s probate or recording rules will control how ownership actually transfers.
• Ancillary probate likely required: To transfer real estate located outside Pennsylvania, your executor or personal representative commonly must open an ancillary probate case in the state where the house is located. Ancillary probate validates the will in that state and lets the personal representative transfer title there.
• Alternative to probate: Using a revocable living trust or a state-specific transfer-on-death instrument (if that state allows beneficiary deeds) can let the house pass without ancillary probate. These options depend on the law of the state where the property sits.

Step-by-step approach to include the out-of-state house

1. Identify the property with precision in the will. Use the full legal description if possible, or at minimum the street address and county and state where the parcel is recorded. A clear description prevents confusion about which property you mean.
2. Draft or update your Pennsylvania will so it complies with 20 Pa.C.S. § 2502 (signed and witnessed). If you already have a will executed in another state, confirm whether that execution satisfied Pennsylvania or the other state’s rules.
3. Name an executor (personal representative) who understands that they may need to handle administration both in Pennsylvania and in the state where the property sits. The executor should be prepared to open ancillary probate in that other state and pay any local probate or recording fees.
4. Check for liens, mortgages, property tax arrears, or judgments that could affect the property’s value or transferability. These follow the property and will need to be resolved according to the laws where the property sits.
5. Consider a revocable trust (pour-over trust). If you fund a revocable trust and title the out-of-state property in the name of that trust where allowed, the successor trustee can often transfer the property without ancillary probate, depending on the other state’s rules.
6. Account for state taxes and transfer costs. Estate, inheritance, or local transfer taxes may apply in the state where the house is located. Consult a lawyer or tax advisor familiar with that state’s rules.

Common pitfalls to avoid

• Vague description of the property. Don’t rely only on a nickname — use the legal parcel description or tax parcel number if you can.
• Assuming Pennsylvania probate alone moves title. You will likely need to start a separate probate or ancillary proceeding in the state where the house is located.
• Ignoring local transfer devices. Some states offer beneficiary deeds or transfer-on-death deeds for real estate; Pennsylvania law and the other state’s law may differ. Check the rules where the property sits before deciding.
• Failing to coordinate beneficiaries and liabilities. Mortgages, liens, and creditor claims attach to the property and will affect what beneficiaries actually receive.

When to use other estate tools instead of or in addition to a will

Depending on your goals, these alternatives can simplify transfer of out-of-state property:

• Revocable living trust: Many people place real estate into a revocable trust so the successor trustee can transfer property without a full probate in each state.
• Beneficiary deed / transfer-on-death deed: Some states let owners name a beneficiary who receives the property at death without probate. Availability and form are state-specific.
• Joint ownership with right of survivorship: Adding a co-owner with survivorship rights can avoid probate, but it has gift-tax, creditor, and control implications while you are alive.

Documents and information your executor or attorney will want

• Original will and any codicils.
• Deed to the out-of-state house (showing the current owner and legal description).
• Parcel/tax ID number and county recorder information for the county where the house sits.
• Mortgage statements, tax bills, homeowners insurance, and HOA information.
• Contact information for local title company or local attorney in the state where the house is located.

Next steps and who to contact

If you own real estate in another state and live in Pennsylvania, consider:

• Having a Pennsylvania attorney who drafts or reviews your will to ensure it complies with 20 Pa.C.S. § 2502 (link).
• Contacting a local attorney in the state where the property is located to learn that state’s probate and property-transfer rules and whether options like beneficiary deeds or trust funding can avoid ancillary probate.
• Reviewing the deed and title history now to identify liens or title defects before they complicate transfer at death.

Proper planning can reduce delay, expense, and confusion for your beneficiaries. If the out-of-state house is a significant asset, a short consultation with both a Pennsylvania estate attorney and counsel in the other state is often worth the cost.

Final reminder: This article explains general Pennsylvania rules and common practical steps. It is not legal advice. For guidance tailored to your facts, contact a licensed attorney.