09/15/2026
Buying a home in another state can quietly create a problem your family only finds out about later.
If you pass away owning that property in your own name, your family may have to open a second probate case in the state where the property sits. This is commonly referred to as ancillary probate.
A revocable living trust can solve this, but only if the deed is actually titled in the name of the trust. Creating a trust doesn't automatically pull in property you buy later. And a will on its own doesn't avoid probate either. Depending on the state, there may be other options too, like joint ownership with survivorship rights or a transfer on death deed.
The takeaway is simple. Any time you buy real estate, especially out of state, tell your estate planning attorney so the deed and your plan actually line up.
Not sure if yours does? Book your Vision Meeting, link in bio.
JM Law is licensed in Virginia, Maryland, Washington, D.C., and Florida. Property located in another jurisdiction may require coordination with counsel licensed in that state.