Detailed answer: how California wills treat out-of-state houses

This guide explains, in plain language, what you need to do if you own a house located in a state other than California and want that house dealt with by a California will. It covers validity of the will, how to describe the property, likely probate steps, alternatives to probate, and practical steps you can take now.

1. Is a California will valid as to property located in another state?

Yes. A properly executed California will can dispose of real property located outside California, but two practical rules matter:

• Formal validity: The will must be executed according to California formalities (or otherwise valid under another governing law). California Probate Code requires that a will be in writing and executed with the required attestation (witnesses) unless another execution method applies. See Cal. Prob. Code § 6100 for the formal-execution rules: Cal. Prob. Code § 6100.
• Property transfer law: Title to real property is controlled by the law of the state where the property sits. That means even if your California will disposes of a house in another state, that state’s rules determine how title actually passes after your death (for example, whether the transfer can occur through a will, whether ancillary probate is required, or whether a local “transfer-on-death” deed or beneficiary deed is recognized).

2. Expect possible ancillary probate in the state where the house is located

“Ancillary probate” is a secondary probate proceeding in the state where the real property is located. Even if your main probate case (if any) opens in California, the executor or personal representative often must open ancillary probate in the other state to clear title to the house. State procedures, fees, timelines, and exemptions (small estate procedures) vary by state.

3. How to describe the out-of-state house in your will

Clarity reduces confusion and makes later transfers smoother. Include:

• Full street address and county;
• The legal description as shown on the current deed (not just the mailing address);
• Parcel or assessor’s parcel number (APN), if available;
• Reference to the recorded deed book/page or instrument number, if you have it;
• A clear statement of who gets the property (specific devise) or whether it passes into residue of estate.

Example language for clarity (for illustration only, not legal advice): “I give my real property located at 123 Example Street, County of X, State of Y, described as [insert legal description or assessor’s parcel number], to [Name of beneficiary].”

4. Consider alternatives that may avoid ancillary probate

Depending on the other state’s law, you may avoid or simplify probate for that property by using one or more of these tools:

• Revocable living trust: Place the out-of-state house into a revocable trust you control during life; successor trustee can transfer title without probate in many cases.
• Joint ownership with right of survivorship: Titling the property as joint tenants or community property with right of survivorship can pass title automatically to the co-owner at death (but has gift, tax, and control implications).
• State-specific beneficiary deed / transfer-on-death deed: Some states permit deeds naming a beneficiary to take effect at death. Whether that option exists depends on the state where the house is located.
• Gifting during life: Transfer ownership while you are alive (subject to tax, mortgage, and gift implications).

5. Practical steps to take now

1. Locate the current deed and record information for the out-of-state house.
2. Decide who should receive the house and whether you want to leave other instructions (e.g., sale and distribution of proceeds).
3. Include a specific devise clause in your California will that identifies the property clearly (address plus legal description or APN).
4. Confirm your California will is executed with the required formalities (witnesses or notarial execution where appropriate) so it will be accepted for probate; see Cal. Prob. Code § 6100.
5. Talk to an attorney licensed in California and an attorney (or title professional) in the state where the house is located to confirm whether ancillary probate, a beneficiary deed, or other steps are required and to learn state-specific deadlines and fees.
6. Consider whether a revocable trust or another non-probate solution might better meet your goals.

6. Common pitfalls and how to avoid them

• Vague descriptions: If a will describes the property by address only, changes in numbering or street names can create ambiguity—use the legal description or APN.
• Assuming California controls transfer rules: Title passes under the law where the property is located, so always check that state’s probate and property rules.
• Failing to coordinate documents: If you use a trust or joint tenancy to avoid probate, make sure the deed and title actually reflect that decision (a will alone does not change title during life).
• Ignoring taxes, mortgages, liens, or creditor claims: These impact what heirs actually receive; discuss with estate counsel and tax advisor.

7. Typical timeline and costs to expect

Probate rules vary widely by state and by the size of the estate. Ancillary probate in another state may add several months and additional filing and attorney fees. If the out-of-state value is modest, the state may offer simplified or small-estate procedures that are quicker and cheaper. Ask a lawyer in the property’s state for an estimate based on local rules.

8. Where to get more information

California Courts offers plain-language information on wills and estates: California Courts — Wills. For formal execution rules, see Cal. Probate Code § 6100: Cal. Prob. Code § 6100. For anything involving the out-of-state property, consult a lawyer licensed in that state.

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

Helpful Hints

• Keep a copy of the deed and the assessor’s parcel number with your estate planning documents.
• If you travel or own property in several states, consider a revocable trust to simplify transfers across state lines.
• When drafting the will, use the exact legal description from the deed rather than a casual street address.
• Check whether the state where the house is located recognizes a beneficiary deed or transfer-on-death deed; using that tool may avoid ancillary probate.
• Update beneficiary designations on related accounts (insurance, mortgages, retirement) so they align with the will or trust plan.
• Coordinate with an attorney in the property’s state before relying on a will to transfer the house—local rules determine whether the will is effective to pass title.
• If you already own an estate plan in California, review it when you acquire property in another state to prevent unintended consequences.