Including an Out-of-State House in Your Kentucky Will: What You Need to Know | Kentucky Estate Planning | FastCounsel
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Including an Out-of-State House in Your Kentucky Will: What You Need to Know

Disposing of Real Estate Located in Another State from Your Kentucky Estate Plan

FAQ: Answers for Kentucky residents who own a house outside Kentucky and want that property included in their estate plan.

Short answer

Yes. You can express your wishes for an out-of-state house in a Kentucky will, but the law where the house sits controls transfer of that real property after death. Expect probate steps in the other state (called ancillary probate) unless you use other planning tools such as a properly funded revocable trust or joint ownership with survivorship. Work with an attorney licensed both in Kentucky (for your will) and in the state where the house is located (for the property transfer consequences).

Detailed answer — how this works under Kentucky law and practical steps

1. Kentucky will formalities and what a Kentucky will can say

Under Kentucky law, you can make a will that states who should receive your personal and real property at death. To be effective in Kentucky, a will must meet Kentucky execution rules. See the Kentucky statutes and probate resources for rules about valid wills: Kentucky Revised Statutes (KRS) and general probate guidance at the Kentucky Court of Justice. A Kentucky will that properly disposes of property is valid in Kentucky.

2. Where land is located matters: the situs rule

Real estate (land and structures) is governed by the law of the state where the property is located. That means even if your Kentucky will leaves your out-of-state house to someone, the authorities in the other state will follow their rules about title transfer, probate, and property taxation before recognizing that gift.

3. Ancillary probate — what to expect

If the house is titled in your name alone, the most common outcome is that the beneficiaries named in your Kentucky will must open a probate case in the state where the house sits. That secondary proceeding is called ancillary probate. Ancillary probate typically:

  • Requires filing the Kentucky will (and certified death certificate) in the other state.
  • Requires appointing the executor or a personal representative in that state (sometimes the Kentucky-appointed executor can be appointed as ancillary personal representative).
  • May require publication, creditor notice, and compliance with that state’s probate timelines and fees.

4. Ways to avoid or simplify ancillary probate

Consider these alternatives if you want to simplify post-death transfer of the out-of-state house:

  • Revocable living trust: Transfer the house into a revocable trust you control. On death, successor trustees can convey the house without probate in many situations. A trust must be properly funded (deed recorded in the trust’s name) to avoid probate.
  • Joint ownership with right of survivorship: Holding title jointly with another adult as joint tenants with right of survivorship or as tenants by the entirety (if available) typically passes the property automatically to the surviving owner.
  • Transfer-on-death deed (if available in the state where the house is): Some states allow deeds that name beneficiaries who receive title at death without probate.
  • Small-estate procedures: Some states offer simplified transfer procedures when the property value is below a statutory threshold.

5. Practical issues to confirm before you rely on a Kentucky will

  • Check title: Confirm how the property is titled (sole name, joint, trust, corporation).
  • Mortgage and liens: A mortgage survives death; beneficiaries may need to pay or refinance.
  • State-specific transfer rules: Each state has different probate and real estate laws—what works in Kentucky may not be effective on the ground where the house sits.
  • Tax and filing requirements: The other state may have filing fees, transfer taxes, or inheritance laws that affect distribution. Consult a tax advisor if estate tax or state inheritance tax might apply.
  • Executor authority: Your Kentucky executor may need to be appointed in the other state to handle the property there.

6. Recommended steps you can take now (practical checklist)

  1. Locate and review the deed and title documents for the out-of-state house.
  2. Confirm current ownership type and whether a beneficiary designation, joint tenancy, or trust already controls succession.
  3. Decide whether to leave the property by your Kentucky will or use a trust/joint ownership/transfer-on-death deed in the state where the property is located.
  4. If you will use your Kentucky will, draft it to clearly identify the property (address, legal description, and county where the land is located) and name an executor who can serve in the other state or be appointed there.
  5. Contact an attorney in the state where the house sits to confirm local probate steps and to implement any non-probate options (trust, TOD deed, joint title).
  6. Coordinate with your Kentucky estate attorney so the Kentucky will and any trust documents align with the out-of-state plan.
  7. Keep updated records: mortgage statements, property tax bills, insurance, and contact info for local property managers or tenants if applicable.

7. Example (hypothetical)

Suppose a Kentucky resident owns a vacation home in another state and signs a Kentucky will leaving that home to a sibling. Because the home is out of state and titled solely in the owner’s name, the sibling will likely need to open probate in the state where the house is located. To avoid that, the owner could instead transfer the home into a revocable trust that names the sibling as successor beneficiary—if the deed is changed now to the trust, the sibling can receive the property under trust procedures and avoid ancillary probate.

8. Where to look in Kentucky law

For Kentucky-specific rules about wills and probate formalities, refer to the Kentucky Revised Statutes and the Kentucky Court of Justice resources:

Because the property sits in another state, also consult that state’s statutes and local probate court rules for specific steps like ancillary probate, transfer-on-death deeds, and small-estate procedures.

Helpful Hints

  • Be specific: In the will identify the property by legal description and county, not only street address.
  • Confirm title now: If you plan to put the property into a trust, record the deed transfer today—delays can create probate later.
  • Talk to two attorneys: one in Kentucky for your will and one in the other state for property transfer options there.
  • Consider costs: Ancillary probate means extra court fees and time—compare those to the cost of creating and funding a trust or changing title now.
  • Check survivorship rights: If the house is owned jointly, your will may not control that share—joint title often passes automatically upon death.
  • Keep beneficiary contact info current so your executor or trustee can locate them quickly after your death.
  • Document management: Keep the original deed, will, trust documents, and mortgage info in a safe place and tell your executor where to find them.

Next step: To make an effective plan, consult a Kentucky estate attorney and an attorney in the state where the house is located to coordinate documents and avoid unnecessary probate.

Disclaimer: This article explains general legal principles and planning options under Kentucky law and is for educational purposes only. It does not constitute legal advice. For advice about your specific situation, contact a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.