Including Out-of-State Real Estate in a Hawaii Will: FAQ and Practical Steps

Short answer: Yes — a Hawaii will can dispose of a house that is located in another state, but the property’s location controls some legal consequences. You should identify the property clearly, follow Hawaii’s will formalities, and plan for possible ancillary administration or use a trust to simplify transfer. This article explains what to do, what to expect, and practical steps to reduce complications.

Detailed answer: How to include a house located in another state in your Hawaii will

Start from two basic legal facts most readers should know:

Real estate is generally governed by the law of the state where the property sits (the “lex situs”).
Your will is governed by the formalities of the state of your domicile for validity, but other states will often require an ancillary procedure to transfer real estate located there after you die.

Putting those together under Hawaii law, you can direct in your Hawaii will that a particular out-of-state house goes to a named person. But the house’s transfer after your death will usually require paperwork or probate steps where the house is located. Below are clear steps and issues to address.

1. Describe the property precisely in the will

Identify the house clearly so your intent is obvious. Use the full legal description if possible (lot and block, county assessor parcel number, and street address). Example language: “I give my North Carolina real property commonly known as 123 Example Lane, Wake County, North Carolina (Tax Parcel No. 00000000), to my sister, Jane Doe.” A clear description reduces confusion and dispute.

2. Make sure your Hawaii will is valid

Execute the will following Hawaii’s statutory requirements for wills (signature and witness rules). A will that is valid under Hawaii law will generally be recognized in other states for probate purposes, but you must follow Hawaii execution formalities while you are alive. See the Hawaii Revised Statutes covering wills for formal requirements: HRS Chapter 560 (Wills). If the will fails Hawaii requirements but is valid where you signed it, many states and courts will still accept it; however, relying on a will that clearly meets Hawaii rules is safer.

3. Expect or plan for ancillary probate in the state where the house sits

Even if your Hawaii will names a beneficiary for the out-of-state house, the executor may need to open a probate case or ancillary proceeding in the other state (for example, North Carolina if the house is there) to obtain legal authority to transfer title or to clear title for sale. Ancillary probate involves filing the Hawaii will, appointing the Hawaii personal representative in the foreign state (or appointing a local ancillary personal representative), and complying with local court procedures and fees.

4. Consider a revocable living trust (RLT) to avoid ancillary probate

If you transfer the out-of-state house into a revocable living trust (as settlor and trustee while alive), the house typically passes to beneficiaries under the trust terms without a full probate in the other state. Many people use this tool specifically to avoid ancillary probate expenses and delays. To use this approach, you must retitle the property into the trust correctly before death and update any deeds.

5. Address mortgages, liens, and taxes

A house with an outstanding mortgage may need the lender’s attention after death. Beneficiaries or an executor should check for outstanding liens and any state or local transfer taxes. The state where the property sits may have estate or inheritance taxes or filing requirements. Consult an attorney licensed in that state about local estate tax rules and filing deadlines.

6. Coordinate beneficiary designations and ownership form

How you hold title affects what happens at death. Joint tenancy with right of survivorship, community property with right of survivorship, or transfer-on-death deeds (where available) can move property outside the will. Confirm how the property is titled and whether a non-probate mechanism already controls the transfer.

7. Name a clear executor and include practical instructions

Appoint a reliable personal representative (executor) in your Hawaii will and provide contact info for any property manager, tenant, or local attorney in the state where the property is located. Practical instructions (e.g., keep or sell, who may live there temporarily) reduce conflict and speed administration.

8. Coordinate with a local lawyer where the house is located

Because state rules control real property, consult or retain an attorney licensed in the state where the house sits to handle the ancillary probate or title transfer. That attorney can advise on local probate steps, recording requirements, and taxes.

Hypothetical example

Maria, a Hawaii resident, owns a vacation home in another state. She signs a Hawaii will leaving that house “to my brother, Alex, outright.” Maria’s will is properly executed under Hawaii law. After Maria dies, her Hawaii executor files the will and opens probate in Hawaii. To clear title and transfer the out-of-state house, the executor either opens ancillary probate in the state where the house sits or asks Alex to provide proof of administration to the county recorder. If Maria had instead transferred the house into a revocable trust and named Alex as trust beneficiary, Alex could receive the house under the trust terms without ancillary probate.

Relevant Hawaii law and resources

Hawaii Revised Statutes, Chapter 560 (Wills) — covers formalities and some rules courts use when admitting wills: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0586/HRS0560/
Hawaii Judiciary — self-help and probate information (forms and local procedures can help personal representatives): https://www.courts.state.hi.us/self-help/estate/probate

When you must consult a lawyer

Consider legal help if any of the following apply:

The out-of-state property has title disputes, multiple owners, or complex liens.
You want to avoid ancillary probate and are considering a trust; drafting and proper retitling are important.
The estate may owe state estate or inheritance tax, or the property is in a state with unusual probate rules.
You expect disputes among heirs or want to plan for long-term management of the property.

Helpful Hints

List the full legal description or parcel number for the out-of-state house in your will.
Confirm how the property is titled now — changing title may change how it passes at your death.
Keep a copy of the deed and recent property tax bill with your estate planning documents.
Consider a revocable trust to avoid ancillary probate in the other state.
Talk to an attorney licensed in the state where the house is located for local probate and tax rules.
Update your will if you change your mind about who receives the out-of-state house; do not rely on an old will.
Make sure your Hawaii will is signed and witnessed according to Hawaii law so courts will admit it without question.

Disclaimer: This article provides general information about Hawaii estate planning and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Hawaii attorney and a licensed attorney in the state where the property is located.