How to make a Utah will that covers a house located in another state

Quick answer: A will executed under Utah formalities can dispose of real estate located in another state, but the transfer of that house will usually be controlled by the law of the state where the house sits and often requires a separate (ancillary) probate or transfer process in that state. Plan deliberately: describe the property clearly, consider alternatives to avoid ancillary probate, and coordinate with counsel in the property’s state if necessary.

Detailed answer

1. Validity of a Utah will for out-of-state real property

Under Utah law, a will that meets Utah’s execution rules is generally respected as the testator’s valid will. Utah’s provisions about wills explain how to sign and witness a will so a court can admit it to probate. See Utah Code, Title 75, Chapter 2 (Wills) for the statutory formalities: https://le.utah.gov/xcode/Title75/Chapter2/75-2.html.

However, real property (land and houses) is governed in most respects by the law of the state where the property is located. That means that even if your Utah will says “I leave my house in State X to Alice,” the transfer of title will often require an action or document recognized by State X’s rules. If the property is in another state, expect that state’s courts or recorder’s office will have a role.

2. Ancillary probate: what it is and when it applies

If you own real property outside Utah at death, the personal representative or executor may need to open an ancillary (secondary) probate case in the state where the property sits to transfer title to the beneficiaries named in your Utah will. Ancillary probate is typically required because the foreign state’s courts must clear title to land inside their borders. Ancillary probate can add time and expense to the estate administration.

3. Practical steps to include an out-of-state house in your Utah will

Describe the property precisely. In your will, identify the property by full legal description if possible (lot, block, county, and parcel number). Including the street address alone is often insufficient to remove ambiguity.
Decide whether to make a specific devise or part of the residuary estate. A specific devise (“I give my house at [legal description] to Jane Doe”) is clearer for real property than a vague gift. If the house is part of the residuary, name alternates in case the primary beneficiary predeceases you.
Account for mortgages and liens. State whether the beneficiary will take the property subject to existing loans or whether other estate assets should pay debts first. Mortgage servicers and lenders may have their own requirements.
Consider a self-proving affidavit. Utah allows wills to be self-proved so probate admission is faster. A notarized self-proving affidavit executed with the will may simplify administration.
Coordinate with counsel in the state where the house sits. Because title transfer, recording, transfer taxes, and ancillary probate rules differ by state, a local real estate or probate attorney can confirm what documents the recorder and court will accept.

4. Alternatives that can avoid ancillary probate

Depending on the other state’s rules, some options can transfer the house without ancillary probate:

Joint ownership with right of survivorship: If the property is held jointly so the survivor automatically owns the whole, probate may not be needed for the house. Understand gift tax and control consequences of joint ownership.
Transfer-on-death or beneficiary deeds: Some states allow a deed that names a beneficiary who receives the property at death without probate. Whether this option exists and how it works depends entirely on the property state’s law.
Living trust: If you place the house into a revocable trust during life and retitle the property in the trust’s name, the successor trustee can transfer the house without probate in most cases. Trust planning requires correct, timely re-titling of the deed and careful drafting.

5. Costs and timeline

Ancillary probate adds costs: filing fees, attorney fees in the other state, and possibly longer delays. Timelines vary by state and county court workloads. If you expect the house to be part of a modest estate, weigh the costs of ancillary administration against alternatives like beneficiary deed or trust.

6. Taxes, mortgages and practical issues

At death, estate and inheritance tax issues depend on federal rules and the laws of the property state. Also, lenders may require payoff or mortgage assumptions. Property insurance and local transfer taxes can affect your beneficiaries’ ability to accept the house.

7. Example (hypothetical)

Suppose a Utah resident executes a valid Utah will that leaves a vacation home in California to her daughter. After the owner dies, the Utah personal representative obtains probate in Utah. To transfer the California house, the representative or daughter will likely need to open a small ancillary probate case in California or use California’s transfer procedures (if available), present the Utah probate documents and follow California recording rules to change title. Because procedures vary, the family should consult a California probate or real estate attorney to complete the transfer efficiently.

Relevant Utah statutory references

Utah statutes on wills and formalities (Title 75, Chapter 2): https://le.utah.gov/xcode/Title75/Chapter2/75-2.html
Utah statutes on probate and administration (Title 75, Chapter 3): https://le.utah.gov/xcode/Title75/Chapter3/75-3.html

When to consult an attorney

Talk to an attorney when any of the following apply:

The out-of-state property has significant value or complex title issues.
You want to avoid ancillary probate and need help implementing alternatives (trust, beneficiary deed, joint title).
The property’s state has unusual rules about nonresident ownership or transfer-on-death devices.
You face estate tax issues, mortgages, or contested beneficiaries.

Helpful hints

Use the property’s legal description (from the deed or county assessor) in the will.
Keep copies of the deed, mortgage documents, insurance, and property tax records with your estate papers.
Talk to a local attorney where the house is located before relying solely on a Utah will.
Consider a revocable trust or a beneficiary deed (if available in the property’s state) to streamline transfer.
Update the will and title if you refinance, add/remove co-owners, or move residences.
Make a self-proving will in Utah (notarized affidavit) to reduce probate friction in Utah; it does not eliminate ancillary steps in the other state.

Disclaimer: This article explains general principles under Utah law and common practices for out-of-state real estate transfers. It is for educational purposes only and is not legal advice. For advice about your specific situation, consult a licensed attorney in Utah and in the state where the property is located.