Note: This is general information only and not legal advice. For advice about your specific situation you should consult a licensed Kansas attorney and, if the property is located in another state, an attorney licensed in the state where the property sits.
Overview
This FAQ-style guide explains, under Kansas law, how to include real property located in another state (an “out-of-state house”) in a will you execute in Kansas. The short answers: you can dispose of out-of-state real estate in a Kansas will, but the property’s transfer on death will usually be governed by the law of the state where the house is located and may require additional steps (for example, an ancillary probate). Planning options such as a revocable trust or a transfer-on-death deed (if available where the property is located) can sometimes avoid ancillary probate.
Detailed answer — what to know and what to do
1. Kansas will formalities
Kansas law sets the formal requirements for a valid will (signature, witnesses, etc.). See the Kansas statutes on wills (K.S.A. Chapter 59) for the statutory formalities that apply to wills executed in Kansas: K.S.A. Chapter 59 (Decedents’ estates; wills). If your will meets Kansas’s formal requirements it will generally be recognized as your Kansas will.
2. Situs law: which state controls transfer of the house?
Real property (land and buildings) is governed by the law of the state where the property is located (the property’s “situs”). That means that even if your will is valid in Kansas and names a beneficiary for the out-of-state house, the transfer of title and the process to clear title after your death will usually be controlled by the laws and probate courts of the state where the house is located.
3. Ancillary probate is often required
If you own real estate in another state, the executor or personal representative named in your Kansas will may need to open an ancillary probate case in the state where the property is located to obtain authority to transfer the property or to clear title. Ancillary probate is a second probate proceeding outside the decedent’s domicile to handle property located elsewhere. Ancillary probate procedures, timing, and fees vary by state.
4. How to describe the house in your Kansas will
When you dispose of an out-of-state house in your Kansas will, include details so the property is identifiable:
- Full legal description as shown on the deed (lot, block, subdivision, or metes-and-bounds);
- Property address and county where it sits;
- Parcel or tax ID number (from the county assessor);
- Any mortgage, lien, or lease information affecting the property;
- Name the beneficiary clearly and name alternate beneficiaries if the primary beneficiary does not survive you.
5. Consider alternatives to avoid or simplify ancillary probate
Because ancillary probate can be time-consuming and cost money, consider options that may transfer the property outside probate, if allowed in the property’s state:
- Revocable living trust: Transfer the house into a revocable trust and name beneficiaries. The trustee can transfer title to beneficiaries after your death without probate in most cases.
- Transfer-on-death deed or beneficiary deed: Some states permit deeds that name a beneficiary who receives title automatically at death. Whether that option exists depends on the state where the house is located.
- Joint ownership with right of survivorship: Holding title jointly with another person (spouse, child) may pass the property automatically on death, but this has tax, creditor, and control implications.
6. Coordinate with an attorney in the state where the house is located
Because property law and probate rules differ by state, consult an attorney licensed where the house sits. That attorney can confirm whether a Kansas will is sufficient to pass the house, whether ancillary probate will be required, and whether other tools (trust, beneficiary deed) are available and advisable.
7. Practical estate administration points
- Name a capable executor in your Kansas will and provide contact and location information for the out-of-state property.
- Keep copies of deeds, mortgage statements, tax bills, insurance policies, and the property survey with your estate documents so your executor can prove ownership and handle issues quickly.
- Notify your executor or successor trustee about the property and where documents are kept.
- Consider tax consequences — some states have estate or inheritance taxes, and the decedent’s estate may have filing obligations in the state where the property is located.
8. Typical language examples (illustrative only)
In your will you might include a specific devise clause such as:
“I give and devise my real property known as [legal description], located at [address], [County], [State], to [Beneficiary name], to be theirs outright. If [Beneficiary] fails to survive me, I give the property to [Alternate Beneficiary].”
This sample shows the level of detail helpful to identify the property. Do not copy this sample as a substitute for professional drafting.
Helpful Hints
- Include the full legal description and parcel/tax ID for the out-of-state house in your will to reduce ambiguity.
- Check whether the state where the house is located allows a beneficiary deed or transfer-on-death deed; these can avoid probate.
- If you own real estate in more than one state, talk with a Kansas estate lawyer and counsel in each property state to coordinate planning.
- Consider using a revocable trust to simplify transfers of real property located outside Kansas.
- Keep an up-to-date list of property documents (deed, mortgage, insurance) with your estate papers and tell your executor where to find them.
- Confirm your will’s formalities under Kansas law (K.S.A. Chapter 59) so the will is valid here: K.S.A. Chapter 59.
- Ask about ancillary probate timelines and costs in the state where the house sits — these vary widely by jurisdiction.
- If you have a mortgage, know that the loan survives death; the property may need to be refinanced or sold to satisfy the mortgage unless the lender agrees otherwise.
When to talk to an attorney
Contact a Kansas-licensed estate attorney if any of the following apply:
- You own real estate outside Kansas and want to minimize probate or avoid ancillary probate.
- Your ownership structure (joint tenancy, tenants in common, trust ownership) is unclear.
- You want to use a trust or a deed-based transfer to avoid probate.
- Your estate involves complex tax or creditor issues.
Also consult counsel licensed in the state where the property is located before relying on out-of-state methods like beneficiary deeds or joint-titled transfers.
Disclaimer: This article provides general information about Kansas estate law and is not legal advice. Laws change and individual circumstances differ. For tailored legal advice, consult a licensed Kansas attorney and, for property outside Kansas, an attorney licensed in the state where the property is located.