Disclaimer: This is general information, not legal advice. Laws change and every situation is different. Consult a licensed Mississippi attorney before signing estate documents.
Short answer — how to include out-of-state real estate in your Mississippi estate plan
If you live in Mississippi and you own a house located in another state, you can name that house in a Mississippi will. However, real estate (real property) is governed by the law of the state where the property sits (the “lex situs”). That means: (1) your Mississippi will can direct how you want that out-of-state house distributed, but (2) the state where the house is located may require a local probate or ancillary probate to transfer title after your death unless you use alternative planning tools (for example, an inter vivos trust or deed-based transfer). Make sure your Mississippi will is properly executed under Mississippi formalities so a Mississippi court will accept it; then plan for possible ancillary procedures in the other state.
Detailed answer — steps, issues, and options under Mississippi law
1) Valid Mississippi will formalities
To be effective in Mississippi, make sure your will meets state execution rules. Mississippi generally requires a written will signed by the testator and witnessed by two disinterested witnesses. A will valid where it was executed or valid under the laws of the place where the testator was domiciled at death may also be accepted. For exact statutory language and current requirements, consult the Mississippi Code (see the Mississippi Legislature site linked below).
2) Real property follows the law where it is located
Real estate is controlled by the law of the state where the land or house is located. Even if your Mississippi will leaves the out-of-state house to a beneficiary, a court in the state where the house sits generally needs to transfer title. That process is often called ancillary probate. Ancillary probate can add cost, time, and procedural steps.
3) Identify the property clearly in the will
When you refer to the out-of-state house in your Mississippi will, describe it precisely: street address, legal description if available, parcel number, and any deed reference. Clear identification prevents confusion and reduces disputes during probate.
4) Consider avoiding ancillary probate
If you want to avoid ancillary probate in the state where the house is located, consider these common alternatives:
- Revocable living trust (inter vivos trust): transfer the house into a revocable trust you control during life. On death, the successor trustee distributes the property under the trust terms without probate in most cases.
- Joint ownership with rights of survivorship: co-owning the house with another person in a form that carries survivorship can transfer title automatically at death, but this has gift, creditor, tax, and control consequences.
- Transfer on death mechanisms: some states permit transfer-on-death deeds or beneficiary deeds for real property; check whether the state where the house sits allows this device and how it must be executed.
- Gifting during life: you can deed the property to the intended recipient while you live, subject to tax and Medicaid considerations.
5) Ancillary probate — what to expect if you rely on the Mississippi will
If you leave the out-of-state house by your Mississippi will, your executor or personal representative will likely open probate in Mississippi for your Mississippi assets and then open an ancillary probate in the state where the house is located to clear title to that real property. Ancillary probate typically requires:
- A certified copy of the Mississippi will and death certificate;
- Local probate filings in the other state;
- Local fees and sometimes a local attorney to represent the estate in that state.
6) Tax and creditor issues
Property in the other state may be subject to that state’s estate or inheritance taxes, lien and creditor claims under that state’s laws, and local transfer taxes. Coordinate with an attorney or tax advisor about potential estate tax returns or filing obligations in either state.
7) Practical drafting tips
- Use full, specific property descriptions and reference deed records.
- Identify the beneficiary clearly (name, relationship, and contact information).
- Name a Mississippi executor, but be prepared that the ancillary court may require a local agent or ancillary administrator in the other state.
- Include alternate beneficiaries in case the primary beneficiary predeceases you or cannot take the property.
- Review and update beneficiary and ownership documents whenever you acquire or sell out-of-state property.
8) When to use a Mississippi will vs. a local will
You may use a single properly executed Mississippi will to control all your assets, including out-of-state houses, but you should check whether a separate simple will in the state where the house sits is advisable to ease local probate. In most cases a single will works, but ask a Mississippi attorney whether a local will or additional paperwork will reduce costs and complexity.
9) Where to find Mississippi statutes and further reading
For the exact statutory requirements and current law on wills and probate procedure, review the Mississippi Code through the Mississippi Legislature website: https://www.legislature.ms.gov/. Look for the code chapters on wills and probate to confirm signature and witness requirements, and any cross‑jurisdiction recognition rules.
Helpful Hints
- Don’t rely on memory: keep the deed, parcel number, and recorded legal description with your estate planning papers.
- Discuss the out-of-state property with the person you name executor; let them know where records are kept and who to contact in the other state.
- Ask about an inter vivos trust if you want to avoid ancillary probate; trust administration often moves faster and costs less than probate in two states.
- Check whether the other state allows a beneficiary deed (transfer-on-death deed) — it can be a low-cost way to pass real property without probate.
- If you already signed a will in another state, verify whether Mississippi will accept it; many states accept wills valid where executed or under the decedent’s domicile at death.
- Contact a Mississippi estate attorney for tailored advice — especially if the out-of-state property has mortgages, liens, or multiple owners.
If you want, I can:
- List steps your executor will need to start ancillary probate in the other state;
- Suggest a short checklist of documents you should gather for the house’s file;
- Explain how a revocable trust or beneficiary deed works for real property.