Including Out-of-State Real Estate in a Texas Will: Key Steps and Considerations

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Texas attorney and counsel in the state where the property is located.

Detailed Answer

Short answer: Yes — you can include a house that you own outside Texas in a will executed under Texas law. However, the laws of the state where the house sits (the situs state) control title transfer and may require additional steps such as ancillary probate or a local transfer document. To make the process smooth, prepare a valid Texas will, clearly identify the out-of-state property, and plan for the probate or non‑probate transfer process in the other state.

How a Texas will can dispose of out-of-state real property

Texas law allows a Texas will to dispose of all of your property, including real estate located in other states. To be effective, your Texas will must itself be valid under Texas law. Texas requires that a will be in writing and executed with the formalities in the Texas Estates Code (for example, the execution and witness rules). See Texas Estates Code §251.001 for the requirements for a valid written will: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm#251.001.

Why the state where the house is located matters

Although your Texas will can state who should inherit the out-of-state house, the law that governs the transfer of title and recording of deeds is generally the law of the state where the property sits (the situs). That state may require a local probate or an ancillary proceeding to give the nominated person clear title and to record a deed. In short: a Texas will controls your intent; the situs state’s laws determine the mechanics of transfer and whether additional local filings are necessary.

Practical steps to include an out-of-state house in your Texas will

Make a valid Texas will. Follow Texas formalities (writing, signature, witnesses) so the will will be admitted to probate in Texas. See Texas Estates Code §251.001: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm#251.001.
Identify the property clearly. Use the full legal description, parcel or tax ID, street address, and the county and state where it sits. Clear identification reduces confusion and speeds any required local proceedings.
State your disposition and any conditions. Say who receives the property and any conditions (for example, sale and split of proceeds). If you want the property to pass into a trust or to be sold, say so explicitly.
Plan for ancillary probate in the situs state. If the executor needs to transfer title to local buyers or to a beneficiary, most states require the local court to recognize the out-of-state will by an ancillary probate or similar procedure. That process is usually simpler than a full probate but still requires filing documents in the situs state.
Consider non-probate alternatives in the situs state. Some states allow tools that transfer real property outside of probate (for example, transfer-on-death or beneficiary deeds). If the state where the house sits provides a transfer-on-death or beneficiary deed, using that instrument can transfer the house directly at death without probate. Texas also has a transfer-on-death mechanism for Texas real property (see Texas Property Code Chapter 114), but that only affects property located in Texas; for an out-of-state house, check the situs state’s laws: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.114.htm (Texas transfer-on-death rules for Texas property).
Coordinate with an attorney in the situs state. A local attorney can advise whether ancillary probate is required, whether a beneficiary deed or trust is a better option, and what local documents must be recorded.
Consider a trust or deed now to avoid probate. If you expect to own property in another state long-term, placing that property into a revocable living trust or executing a valid non‑probate transfer in the situs state can avoid ancillary probate. A trust must be properly funded and often requires more planning but can simplify transfer across state lines.

Hypothetical example

Suppose you live in Texas and own a vacation home in Colorado. You prepare a Texas will that states: “I give my Colorado property described as [legal description] to my sister, Jane Doe.” Your Texas will, properly executed, expresses your intent and will be admitted to probate in Texas. After your death, Jane (or your Texas executor) will likely need to file a short ancillary probate in Colorado so the Colorado court recognizes the will and the local recorder can transfer title to Jane. Alternatively, if Colorado allows beneficiary deeds and you had executed one before death, the property might pass directly to the beneficiary without probate. A Colorado attorney can advise which path is best and the exact local steps required.

Helpful Hints

Use the property’s legal description (from the deed or county clerk) in your will to avoid ambiguity.
Keep a copy of the deed, tax statements, and title insurance with your estate planning documents so your executor can locate records quickly.
Talk to an attorney both in Texas and in the state where the property sits; a coordinated plan prevents surprises and extra expense.
Consider a revocable living trust if you want to avoid ancillary probate; fund the trust by deed while you are alive. A trust transfers property by trustee action rather than court order.
Explore whether the situs state offers a beneficiary or transfer-on-death deed; these often avoid probate and can be recorded in advance.
Keep your will up to date. If you sell the out-of-state house or buy new out-of-state property, update the will or other transfer instruments promptly.
Appoint an executor who is willing and able to work with out-of-state counsel if ancillary proceedings are necessary.
Anticipate taxes and liens in the situs state (property taxes, local transfer taxes, or estate taxes) and plan accordingly.

Where to learn more

Read the Texas Estates Code on will execution for details on formalities: Texas Estates Code §251.001. To explore non‑probate deeds in Texas, see the Texas Property Code chapter on transfer-on-death instruments (for Texas real property): Texas Property Code, Transfer-on-Death. For the laws that control title and probate mechanics for the out-of-state property, consult the statutes and a lawyer in that state.

If you want, I can outline a checklist of documents your executor will need or a sample clause to describe an out-of-state parcel for inclusion in your will (for educational purposes only).