Disclaimer

This article explains general principles under Massachusetts law only and does not provide legal advice. For advice tailored to your situation, consult a licensed Massachusetts attorney and, if the property is located in another state, an attorney there as well.

Detailed Answer

Yes — you can include a house you own outside Massachusetts in a Massachusetts will, but you must pay attention to formalities and to the law of the state where the house sits (the jurisdiction of the property’s “situs”). Below are the key legal and practical points to understand.

1. Massachusetts will formalities

To be valid in Massachusetts, a will generally must be in writing, signed by the testator (the person making the will), and witnessed in the testator’s presence by two competent witnesses who also sign. See Massachusetts General Laws, Chapter 190 for the governing rules on wills: M.G.L. c.190 (Wills). If your will does not meet Massachusetts execution rules, it may be invalid in probate here.

2. Property law of the other state may control transfer of the real estate

Real estate (land and houses) is generally governed by the law of the state where the property is located. Even if your Massachusetts will is valid here, the state where the house is located may require an ancillary probate (a local proceeding) to transfer title to the new owner. That state’s law also governs how deeds are recorded, how real estate taxes and liens are handled, and other local formalities.

3. Ancillary probate

If you leave real property located in another state by your Massachusetts will, the executor (personal representative) often must open an ancillary probate case in the other state to clear title and convey the property to the beneficiary. Ancillary probate can add time and cost. Consider this early — the executor may need to hire local counsel in that state to complete the transfer.

4. How to identify the house in the will

Be clear and specific. Use the full legal description where possible: street address, county, parcel or tax ID, and the legal description from the deed. A good descriptive clause eliminates ambiguity and reduces the chance of litigation. For example, refer to “the real property located at [street address], in [county], [state], also known as parcel ID [number], and described as [legal description from deed].” Attaching a copy of the deed to the will (or keeping it with estate papers) helps the executor and the probate court locate the property.

5. Consider alternatives that avoid ancillary probate

• Revocable living trust: Placing the house into a properly drafted and funded revocable trust lets the successor trustee transfer the property according to the trust without ancillary probate in many cases.
• Joint ownership with right of survivorship: Holding the house jointly with another person as joint tenants (if appropriate and lawful there) may pass title automatically at death, but this has gift, creditor, and tax consequences.
• State-specific transfer devices: Some states allow transfer-on-death deeds (beneficiary deeds) or other devices. Check the law where the property sits before relying on one.

6. Tax and creditor considerations

The property may be subject to estate tax, local property taxes, mortgage payoff, and creditor claims. Massachusetts has its own estate tax rules; for the statute you can review M.G.L. Chapter 65: M.G.L. c.65 (Estate tax). The other state may have its own estate, inheritance, or transfer taxes. Consult advisors about potential tax filings in both states.

7. Practical coordination

1. Confirm the property’s title and legal description by reviewing the deed and county records where the house is located.
2. Make a clear will clause that identifies the property and names the beneficiary (individual, multiple people, or entity).
3. Make sure your Massachusetts will is executed with proper witnesses and signatures under M.G.L. c.190: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190.
4. Tell your executor about the out-of-state property and where the deed and related documents are kept.
5. Consult an attorney in the state where the property is located to learn whether ancillary probate will be needed, and to explore alternatives (e.g., trust, beneficiary deed, joint ownership).

8. Sample bequest language (hypothetical)

Below is a plain example that many attorneys adapt. Do not copy it verbatim into your will without legal review.

“I give and devise my real property located at 123 Oak Street, Example County, [Other State], also known as Parcel ID 000-000-000, and legally described as: [insert legal description from the deed], to my daughter, Jane Doe, to own and hold absolutely, subject to mortgage and liens of record. If Jane Doe does not survive me, I give that property to my son, John Doe, to own and hold absolutely.”

Make sure any clause you use matches the deed’s legal description and that it will be valid under the law where the property is located.

9. When to get counsel

Talk to an attorney if any of the following apply: the out-of-state property has multiple owners, is encumbered by mortgages or liens, you want to avoid ancillary probate, you have complex tax concerns, or you own property in multiple states. You will usually need counsel in both Massachusetts (for the will) and in the state where the real estate sits (for title transfer and any ancillary probate).

Helpful Hints

• Keep a copy of the deed and the property tax bill with your estate papers and tell your executor where to find them.
• Always use the legal description from the deed in your will — street addresses alone can be ambiguous.
• Label the will documents clearly and ensure the witnesses sign in the testator’s presence per Massachusetts requirements.
• If you want to avoid probate delays and costs, consider a revocable trust or other transfer device; check whether the property’s state permits beneficiary deeds.
• Check for mortgages or liens — beneficiaries may inherit the property subject to these obligations and may need to pay them off or refinance.
• Discuss your estate plan with the person you name as executor so they know about out-of-state assets and where documents are stored.
• Obtain a current title search on the property before finalizing your estate plan to reveal co-owners, liens, or easements.
• Consider the timing and costs of ancillary probate in the other state — factor this into your decisions about trusts or alternative ownership arrangements.