Disclaimer: This is general information and educational only. It is not legal advice and does not create an attorney-client relationship. For specific legal advice about your situation, consult a licensed Illinois attorney and an attorney in the state where the house is located.
Detailed Answer
Yes — you can include a house you own outside Illinois in a will you sign while living in Illinois, but there are important legal and practical steps to understand before you rely on the will to transfer that property at death.
How the law treats out-of-state real property
Real property (land and buildings) is governed primarily by the law of the state where the property is located (the property’s “situs”). A properly executed Illinois will can express your wishes about any property you own, including property located in another state, but the transfer of title to that out-of-state house after you die will generally follow the law and procedures of the state where the house sits. That often means an additional or “ancillary” probate in that other state to clear title and record the transfer.
Illinois wills and probate are governed by the Illinois Probate Act (see 755 ILCS 5). For the text and sections of the Probate Act, see: 755 ILCS 5 — Illinois Probate Act of 1975.
Key practical steps and choices
- Identify the property precisely. Use the legal description or parcel number from the deed or your title policy. A will that names the property imprecisely can cause confusion and delay.
- Decide how you want the property to pass. Common choices include:
- Devise in your will (simple: “I give my interest in [legal description or parcel number] to [beneficiary]”).
- Creating a living trust that holds the out-of-state real estate; the successor trustee can transfer title without ancillary probate in many cases.
- Using a non-probate device available in the property’s state (for example, a beneficiary deed or transfer-on-death deed) if that state allows it.
- Holding title as joint tenants with right of survivorship so the co-owner automatically gets title at death (this has implications for control, taxes, and creditor claims).
- Make sure your Illinois will is validly executed. Under Illinois law a will should be in writing, signed by you (the testator) and witnessed. Following Illinois formalities makes the will easier to admit to probate in Illinois and more likely to be recognized elsewhere. Consider a self-proving affidavit (notarized at signing) so witnesses do not have to appear later. See the Illinois Probate Act for formal requirements: 755 ILCS 5.
- Plan for ancillary probate where the property is located. If you simply devise the out-of-state house in your Illinois will, the executor named in your Illinois probate will usually need to open an ancillary probate case in the state where the house is located. Ancillary probate is typically required to transfer or reconvey title into the beneficiary’s name. Ancillary probate involves additional filing fees, paperwork, and time.
- Consider taxes and creditors. Estate and inheritance tax rules differ by state. Also, claims against your estate and liens on the property will follow the law where the property sits. Get advice about possible federal estate tax exposure and whether Illinois estate tax rules apply to your estate.
- Coordinate with local counsel. Because the transfer will usually involve the other state’s probate or property law, work with a lawyer licensed in that state (or a national estate planning attorney with cross-state experience) to implement the best approach and to complete any required ancillary probate.
Sample will clause (educational example only)
Here is a simple clause you can discuss with an attorney. Replace bracketed text with the correct information and confirm language with counsel:
“I give, devise, and bequeath all my right, title, and interest in the real property described as [insert full legal description or parcel ID] located in [insert county and state where property is located] to [beneficiary name], to be theirs absolutely.”
Why a trust or beneficiary deed might be preferable
A properly funded revocable living trust can avoid ancillary probate because the trust — not your personal estate — owns the out-of-state property. Some states also permit “beneficiary deeds” (also called transfer-on-death deeds) which let you name a beneficiary who receives title on your death without probate. Availability and rules vary by state, so check with an attorney in the property state.
Bottom line
You can and often do include an out-of-state house in an Illinois will, but expect the transfer to be governed by the law of the state where the house sits and plan for ancillary probate or consider alternatives (trusts, beneficiary deeds, joint ownership) that may avoid ancillary probate. Use clear property descriptions, follow Illinois execution formalities, and coordinate with counsel licensed in both Illinois and the property state for the smoothest outcome.
Helpful Hints
- Get the property’s legal description and parcel number from the deed or county recorder; include it in your will (vague address alone can cause disputes).
- Sign your Illinois will in front of two witnesses and consider a self-proving affidavit to speed up probate under Illinois rules (see 755 ILCS 5).
- If the property is valuable, ask about Illinois estate tax implications and federal estate tax thresholds with an attorney or tax advisor.
- If you want to avoid ancillary probate, ask whether a living trust or a beneficiary deed is available and appropriate for your situation.
- Talk to an attorney licensed where the property is located before relying on non-Illinois transfer options; property law differs state to state.
- Keep title documents, mortgage information, and homeowners insurance policies together in a safe place and tell your executor where to find them.
- Review beneficiary designations and ownership forms periodically — life changes (marriage, divorce, births) may require updates.
If you want, I can provide a short checklist and a plain-language will clause template you can take to an Illinois estate lawyer. Would you like that?