Detailed Answer

Short answer: In Virginia, you can generally dispose of real property outside Virginia by including it in your Virginia will, but the law where the house is located (the property’s situs) will control how title passes and whether additional steps—such as ancillary probate or compliance with that other state’s formalities—are required.

How this works — plain language explanation

Wills are governed by state law. Virginia’s will rules determine whether your Virginia will is valid in Virginia and how your Virginia estate is administered. However, real property (land and houses) is primarily governed by the law of the state where the property is located. That means:

• If you own a house in another state, a properly drafted Virginia will can state who should receive that house after you die.
• Even if your Virginia will says who gets the house, the other state’s rules about transferring title, recording deeds, and probating out-of-state property will control how and when the new owner actually gets clear title.
• If the out-of-state property is solely in your name, the personal representative for your Virginia estate may need to open an ancillary probate case in the state where the property sits to transfer title or to allow a local representative to act.

Key legal references (Virginia)

Virginia’s rules about wills and probate are in Title 64.2 of the Code of Virginia. See the chapter on wills here: Va. Code Title 64.2, Chapter 4 (Wills). Virginia also recognizes the validity of wills executed under certain out-of-state rules—see the statutory section on the validity of wills executed outside Virginia here: Va. Code § 64.2-403. (Use these links to read the statutory text and confirm current law.)

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

1. Confirm how you own the house. Determine whether you own it individually, as a joint tenant with right of survivorship, as tenants by the entirety, in a trust, with a spouse, or through an entity (LLC, corporation). If the property carries a right of survivorship or is owned by a trust or entity, your will may not control the transfer.
2. Identify the property precisely in your will. Describe the property clearly (address, parcel/tax ID, county and state) and state who you want to receive it. Vague descriptions can cause disputes or require court interpretation.
3. Check the other state’s transfer rules. Some states require ancillary probate, some allow transfer-on-death deeds or beneficiary deeds, and some have specific formalities for devising real property. Find out whether the state where the house sits recognizes a transfer-on-death deed or other non-probate mechanism that could avoid ancillary probate.
4. Decide whether to use a separate local will or a trust. In some cases people execute a second will in the state where the property sits (carefully drafted to avoid conflicts) or put the property into a revocable living trust so that it passes without probate. Each approach has pros and cons; a trust usually avoids ancillary probate, while a local will may simplify transfer if the property’s situs requires particular formalities.
5. Plan for ancillary probate if needed. If the house is titled only in your name and you die owning it, the executor named in your Virginia probate may need to open an ancillary probate in the other state in order to clear title and record a deed to the devisee. Ancillary proceedings generally require a certified copy of the Virginia probate documents.
6. Consider tax and creditor issues. Out-of-state property may create additional estate tax, inheritance tax, or creditor claims depending on local law. Check whether the other state imposes estate or inheritance taxes or special filing requirements.
7. Update related documents. If you rely on your will to pass the house, also check beneficiary designations, mortgages, HOA rules, and insurance. Make sure the property deed and any local forms are coordinated with your estate plan.

Common scenarios and what usually happens

• House held jointly with right of survivorship: The survivor usually keeps the house automatically—your will typically cannot override this.
• House held in a revocable trust: The trustee follows the trust terms; your will usually does not control trust property.
• House solely in your name: Your Virginia will can name a devisee, but the devisee may need the executor to open ancillary probate where the house is located to transfer title.
• House owned through an LLC or corporation: Ownership is governed by the entity documents and relevant commercial law—your will may need to transfer membership or shares rather than real estate title directly.

When to get an attorney

You should consult a lawyer if any of the following apply: the property is in a state with unfamiliar rules; title is complex (joint ownership, trusts, entities); you want to avoid ancillary probate; you worry about taxes or creditor claims; or you want to ensure your will language is precise and enforceable in both Virginia and the other state. An attorney can help you choose between a Virginia will, a local will, a trust, or other transfer tool.

Note: For general reference on Virginia wills and probate procedures, start with the Virginia Code chapter on wills: https://law.lis.virginia.gov/vacode/title64.2/chapter4/.

Disclaimer

This article is general informational material only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation—especially because rules differ by state and by the way property is titled—consult a licensed attorney in Virginia and, if the property is in another state, an attorney licensed in that other state.

Helpful Hints

• Find the deed: get a copy of the property deed and note how title is held (individual, joint, trust, LLC).
• Identify the property precisely: include the parcel number and county when referring to the house in your will.
• Check for transfer-on-death deeds or beneficiary deeds in the state where the house is located—these can avoid probate in some states.
• If you want to avoid ancillary probate, consider putting the house in a revocable living trust titled in your name as trustee.
• If you have a will in more than one state, have an attorney review them together to avoid conflicts.
• Keep an up-to-date copy of your Virginia will where your executor can find it, and tell your executor about any out-of-state property.
• Before signing your will, confirm it meets Virginia’s execution rules (witnesses, signatures) so it will be admitted to probate—see Virginia’s wills chapter: Va. Code Title 64.2, Chapter 4.