10/19/2026
It's National Estate Planning Awareness Week, let's address some questions.
Today's question: I own property in two states, do I need two estate plans?
You don't need two estate plans, but without the right structure you can end up with two probate proceedings, and that would be the expensive part.
Here's the problem: real estate is probated where it is located. If your Georgia Last Will & Testament covers a house in Florida for example, your family will initiate probate in Georgia and a second "ancillary" probate in Florida. Two courts, two sets of fees, twice the delay. The ancillary probate would apply for any vacation home, rental property, or land across state lines.
The solution is to have one plan that owns everything in one place: a revocable living trust that holds your out-of-state property. Your successor trustee transfers or sells it directly, under one set of rules, in one process.
Two things to get right. First, actually retitle the deed. Second, have the deed prepared or reviewed by legal counsel to ensure compliance with the other state's recording rules; each county has its own quirks on formatting and transfer taxes.
One plan, every property in it. That's how you avoid ancillary probate.
If you have more than one real property across state lines, we encourage you to make estate planning a priority this year. Happy to answer questions.
Call us at 404.410.3075 or visit www.legacyplanningmatters to schedule your consult with us.