How to Provide for Real Estate Located Outside Tennessee in a Tennessee Will
FAQ-style guide: clear steps for including a house located in another state when you make a will while living in Tennessee.
Detailed answer
Yes — you can use a Tennessee will to leave real property that is located in another state, but there are a few important technical and practical issues to understand before you sign anything.
Basic legal principle
A valid Tennessee will controls how your estate is distributed after your death, including personal and many types of real property you own. However, title to land is determined by the law of the state where the land sits (the situs state). That means: you can devise (leave) an out-of-state house in your Tennessee will, but transferring legal title to that house after your death will usually require following the probate or transfer rules of the state where the house is located.
Practical steps to include the out-of-state house in your Tennessee will
- Identify the property precisely. In the will use the recorded legal description (not just a postal address) where possible — county, state, and parcel ID or deed book/page. A clear identification avoids disputes. Example clause: “I give all my right, title and interest in the real property described as [legal description], located in [County, State], to [name of beneficiary].”
- Decide the type of gift. You can give the house outright to a beneficiary, give a life estate, or leave it to your residuary estate. If you wish to give proceeds from sale instead of the property itself, include wording directing the executor to sell and distribute net proceeds.
- Follow Tennessee formalities when executing the will. To be effective in Tennessee, a will must meet Tennessee formal requirements (writing; testator’s signature; attestation by witnesses, etc.). For information on Tennessee execution rules and probate procedures, see Tennessee courts’ guidance on wills and estate administration: https://www.tncourts.gov/programs/self-help/estate-planning/wills and general Tennessee statutes on wills (Title 32): https://www.capitol.tn.gov/legislation/current/title-32.html. Using a self-proving affidavit (notarized) can simplify later probate.
- Plan for ancillary probate in the other state. Because land transfers are controlled by the situs state, the person you name as personal representative or executor may need to open an ancillary probate or ancillary administration in that other state to clear title and record a deed. Ancillary probate is usually a simpler, limited process but it requires filing a certified copy of the will and the death certificate in the other state.
- Consider alternatives that can avoid ancillary probate. Depending on the rules of the state where the house sits, options may include placing the property in a revocable living trust (so the trust holds title and the trustee distributes without probate), using a transfer-on-death deed or beneficiary deed if the situs state permits it, or holding title jointly with right of survivorship. Each option has pros and cons and may affect taxes, creditor exposure, and eligibility for programs like Medicaid.
- Name an executor with authority to manage out-of-state assets. In your Tennessee will give your personal representative express authority to handle property in other states, to open ancillary proceedings, and to engage local counsel if needed. That helps avoid delay.
- Gather documents now. Keep the deed, title policy, tax parcel number, and any mortgage information with your estate planning papers or notes your executor can find. Certified copies of the death certificate will be needed for ancillary filings.
Why an out-of-state house often means two probate processes
Probate generally runs in the decedent’s domicile state (here Tennessee) to settle personal property and Tennessee-situs assets. For real property located in another state, that other state’s court usually requires a local probate or an ancillary proceeding so that the local land records can be updated. Even when the Tennessee will disposes of the property clearly, the other state will typically insist on its own formalities to transfer title.
Tax and creditor considerations
Check tax rules in both Tennessee and the state where the house is located. Tennessee does not impose a state estate tax on decedents as commonly encountered in other states, but federal estate tax or the situs state’s taxes may apply depending on value. Confirm local property taxes, transfer taxes, or probate fees in the situs state. Consult a tax advisor or attorney for an accurate assessment.
When to involve attorneys
It is usually best to consult two attorneys when you own significant real property out of state: (1) a Tennessee attorney to prepare or review the Tennessee will so it meets Tennessee formalities and fits your overall estate plan; and (2) counsel in the state where the house is located to advise on local probate procedures and to recommend whether a trust, beneficiary deed, joint ownership, or other device can avoid ancillary probate.
Helpful hints
- Always include the recorded legal description (or parcel number) for the out-of-state property in the will to avoid ambiguity.
- Consider a revocable living trust if you want a single administration to transfer the house without ancillary probate.
- Check whether the other state allows a beneficiary/transfer-on-death deed — that can transfer title directly at death without probate in many states.
- Name a successor owner or an alternate beneficiary in case the primary beneficiary predeceases you.
- Give your Tennessee executor explicit authority to handle foreign real estate and to hire local counsel if needed.
- Maintain accessible copies of the deed and title documents so your executor can find them quickly.
- Keep your will updated after major events (sale of the house, move of domicile, marriage, divorce, birth of children).
- Before relying on any method to avoid ancillary probate, verify local law in the state where the house is located — rules and costs vary by state.