Including an Out-of-State House in Your Wyoming Will

Short answer: Yes — you can dispose of real estate located outside Wyoming in a Wyoming will. However, the transfer of that property after your death will be governed by the law of the state where the land is located, and that state may require an ancillary (additional) probate proceeding or specific formalities. To reduce surprises and avoid extra cost or delay, describe the property clearly in the will, follow Wyoming’s formal requirements for a valid will, and consider alternatives (like a trust or a transfer-on-death deed) in the state where the property sits.

How this works under Wyoming law

Wyoming law allows you to make testamentary gifts of real property located in another state. Your Wyoming will is effective to declare your intent about all assets you own at death, including out-of-state real estate. But two practical legal points matter:

• Governing law for real property: Real property (land and buildings) is generally controlled by the law where the property is located (the situs state). That state’s probate or real property rules determine how title actually transfers after death.
• Ancillary probate: If the property is titled only in your individual name (not jointly with rights of survivorship, not owned by a trust, and not covered by a recognized transfer-on-death mechanism), the personal representative or executor typically must open an ancillary probate case in the situs state to clear title so the beneficiary can sell or retitle the property.

Wyoming will formalities you must follow

For a will executed in Wyoming to be probative in Wyoming courts, you must follow Wyoming’s statutory requirements for execution and witnessing. For the applicable statutory text and procedures, see Wyoming statutes on wills and probate (Title 2). A general reference is available from the Wyoming Legislature: Wyoming Statutes — Title 2 (Probate and Estates). Key formal points typically include:

• You must be of legal capacity (testamentary capacity) when you sign the will.
• The will must be signed by you (or by another at your direction and in your presence) and witnessed according to state rules.
• Follow any requirements for attestation, self-proving affidavits, or notarization so the will is accepted without unnecessary delay.

How to describe the out-of-state house in your Wyoming will

Use language that clearly identifies the specific property so the executor and the ancillary court can locate it. Useful identifying elements include:

• Full legal description from the deed, if available.
• Street address and city/county/state.
• Parcel (APN) number assigned by the county assessor in the state where the property sits.

Example phrasing (illustrative only): “I give my real property described as [full legal description] and commonly known as 123 Main Street, Anytown, [Other State], Parcel No. 99999, to Jane Doe.” Avoid vague phrases like “my house in another state.”

Practical consequences: ancillary probate and additional steps

If the other state requires it, expect an ancillary probate proceeding there. Ancillary probate is usually simpler than a primary probate, but it adds cost and time. Typical steps your Wyoming executor will face for an out-of-state house include:

1. Obtain a certified copy of the Wyoming will and the Wyoming probate court’s letters testamentary or letters of administration.
2. File those documents in the county or state court where the property is located to open ancillary probate or to transfer title under that state’s rules.
3. Pay local filing fees, and satisfy any local taxes, liens, mortgages, or claims against the property.

Alternatives to avoid or simplify ancillary probate

Depending on the law of the state where the property is located, one or more of these options may let you avoid ancillary probate or make transfer simpler:

• Place the property in a revocable living trust and name successor trustees — the trust holds title so the property does not pass by probate (check whether the situs state recognizes your trust).
• Use a “transfer-on-death” deed (beneficiary deed) if the situs state permits it. Such deeds allow you to name a beneficiary who automatically receives the property when you die, without probate.
• Hold title jointly with rights of survivorship; the surviving joint owner would receive title automatically (but consider gift, tax, or creditor implications).
• Deed the property during your lifetime to your intended beneficiary (with caution and legal advice about tax consequences).

What your Wyoming executor should prepare

Make these documents available to the person you name as executor:

• Certified copy of the deed showing your ownership.
• Current mortgage and lien information, if any.
• Tax assessor’s parcel number and property tax records.
• Property insurance, lease agreements, or homeowner association documents.

Coordination with lawyers

Because real property is governed by the situs state, you should get legal advice both from a Wyoming estate planning lawyer (to ensure the will is valid and coordinates with other estate planning documents) and from a lawyer in the state where the property is located (to review title, confirm whether a beneficiary deed or trust is better, and to handle ancillary probate if needed).

Helpful Hints

• Describe out-of-state property using the deed’s legal description and the county parcel number when possible.
• Keep a certified copy of the deed and current title report with your estate-planning documents so your executor can act quickly.
• Check whether the state where the property is located offers a transfer-on-death deed or similar nonprobate transfer device.
• Consider a revocable living trust if you own multiple properties in different states — a single trust can avoid multiple ancillary probates.
• Confirm Wyoming will execution formalities (signatures and witnesses) by reviewing Title 2 of the Wyoming Statutes: Wyoming Statutes — Title 2.
• Discuss potential state income tax, estate tax, or inheritance tax issues with counsel in the property’s state; Wyoming has no state income tax, but the other state might have tax rules that affect your beneficiaries.
• If you already own property jointly or in a trust, verify how those titles interact with your Wyoming will so you do not unintentionally defeat your wishes.
• Review your estate plan after major life events (moves, marriage, divorce, acquisition of property) to keep documents up to date.