Disclaimer: I am not a lawyer. This article is educational only and is not legal advice. For advice specific to your situation, consult a licensed attorney in Ohio and, if the property is in another state, an attorney licensed where the property is located.

How Ohio wills relate to real estate located in another state

Under Ohio law, you can use an Ohio will to try to leave any asset you own, including a house located in another state. Ohio probate law governs wills executed in Ohio, but real property (land and buildings) is generally controlled by the law of the state where the property sits (the lex situs). That means the transfer of title to a house located in another state will often be governed by that state’s property and probate rules.

See Ohio’s statutes covering wills for formalities and validity: Ohio Revised Code Chapter 2107 (Wills).

Key practical consequences

• Validity of the will: If your will is valid under Ohio law (it meets Ohio’s execution requirements), Ohio courts will accept it for probate. But the out-of-state property may still require steps in the state where the property is located.
• Ancillary probate: If the house is titled only in your name and located outside Ohio, the executor you name in your Ohio will will likely have to open an ancillary probate case in the state where the house is located so that state can transfer title to the person you named. Ancillary probate can mean additional time, paperwork, and fees.
• State property rules control title: Even if your Ohio will leaves the house to someone, property law in the property’s state (for example, rules on community property, spousal rights, homestead, or creditor claims) may affect whether the devise can be fully carried out.

Common alternatives and tools to avoid or simplify out-of-state probate

If you want to avoid or minimize ancillary probate, consider methods that transfer title on death without probate. Many of these depend on the law of the state where the house is located:

• Transfer-on-death / beneficiary deed: Some states allow a beneficiary (transfer-on-death) deed that names who inherits the real estate at your death. If the property state’s law allows it and you record the deed properly, no probate may be needed for the house.
• Joint ownership with right of survivorship: Holding title jointly with someone so that title automatically passes to the survivor can avoid probate. But joint title has gift and creditor consequences and may not suit all situations.
• Revocable living trust: Placing the house into a properly funded revocable trust can allow the successor trustee to transfer title according to trust terms without probate. Trusts must be executed and the deed recorded in the property’s state to be effective.
• Life estate deed: In some states you can create a life estate and name remainder beneficiaries. This affects control while alive and how the property transfers at death; it can have tax and Medicaid consequences.

Recommended step-by-step approach

1. Identify where the house is located. Laws vary widely by state, so the property’s state controls property title issues.
2. Review your current deed and title. Check how the property is titled (sole name, joint tenants, tenants by the entirety, trust, etc.). That determines what options are available without a new deed.
3. Decide whether to use your Ohio will or a non-probate method. If you are comfortable with ancillary probate, you can leave the house in your Ohio will. If you prefer to avoid ancillary probate, explore beneficiary deed, joint tenancy, or a trust in the property’s state.
4. If using a will, make the devise clear. In your Ohio will, identify the property with a full legal description (address plus the legal description on the deed) and the beneficiary by name or identifiable description. Clear identification reduces disputes and administrative delay.
5. Work with local counsel where the house is located. An attorney licensed in the property’s state can confirm which non-probate devices are available, prepare any required deed or trust documents, and ensure those documents are recorded properly.
6. Coordinate with your Ohio estate plan. Make sure your Ohio will and any out-of-state deed/trust work together. A trust funded with an out-of-state deed or a beneficiary deed recorded where the property sits should be consistent with the will to avoid conflicts.
7. Keep records and update beneficiaries as needed. Keep copies of deeds, trust documents, and your will in a safe place and tell the executor/trustee where to find them.

Hypothetical example

Suppose you live in Ohio and you own a house in Florida titled solely in your name. Your Ohio will leaves that Florida house to your sister. At your death, your Ohio executor will likely need to open an ancillary probate in Florida to transfer the Florida title to your sister under Florida law—unless you previously recorded a Florida transfer-on-death deed or placed the property into a Florida-recognized trust. Working with a Florida attorney before death could avoid ancillary probate or simplify the transfer.

Ohio statutes and resources

Primary Ohio law on wills and formalities can be found here: Ohio Revised Code Chapter 2107 (Wills). For practical issues about probate administration, review the probate chapters and consult the local probate court where you live.

Because the rules governing real property transfers are controlled by the state where the property is located, check that state’s real property statutes or official state resources for beneficiary deed, transfer-on-death deed, and trust requirements.

Helpful Hints

• Always identify out-of-state property in your Ohio will with the property’s full legal description (not just the street address).
• Check how the property is titled now; changing title (joint ownership or trust) can avoid probate but has tax and creditor consequences.
• Record any deed-based device (beneficiary deed, trust deed) in the county where the property is located; recording rules vary by state and county.
• Consult two attorneys when needed: one licensed in Ohio for your will and one licensed where the real estate sits for property-specific steps.
• Be mindful of spouse and family rights in the property’s state; some states protect a surviving spouse with elective share or homestead laws that can affect your intended devise.
• Revisit your plan after major life events (marriage, divorce, move, significant changes in asset holdings) or when laws change in Ohio or the property’s state.
• Keep an inventory of deeds and estate documents and inform your executor/trustee where to find them to limit delays after your death.