Owning a vacation home, rental property, or inherited land in another state may feel like a smart investment. But when it comes to estate planning, out‑of‑state property can create real complications for your family. Without proper planning, your loved ones may face delays, added legal costs, and court proceedings in multiple states. The good news is that planning for out‑of‑state property in an estate does not have to be complicated. With the right strategies in place, you can protect your family and keep your plan running smoothly.

Each state has its own probate rules. Probate is the court process used to transfer property after someone passes away. If you own real estate outside of Ohio in your own name, that property usually must go through probate in the state where it is located.

This is called ancillary probate. It often means hiring an additional attorney, filing extra paperwork, and waiting for multiple courts to finish their work before your family can move forward.

What is Ancillary Probate, in Plain English:

Ancillary probate is a second probate process. It happens because real estate is controlled by the laws of the state where it sits, not the state where you live.

Example:

For example, an Ohio resident who owns a condo in Florida may trigger probate in Ohio and in Florida. This extra step can increase costs and stress at a time when your family is already grieving.

Smart Ways to Plan for Out‑of‑State Property

Planning ahead gives you options that can simplify things for your loved ones.

Using a Revocable Living Trust

A revocable living trust is one of the most effective tools for planning for out-of-state property in an estate. When property is owned by your trust instead of your individual name, it avoids probate altogether.

The trustee of the trust continues to manage and distribute property according to your instructions without court involvement. This can save time, reduce costs, and provide more privacy.

Reviewing how property is titled

How property is titled matters. Joint ownership, transfer-on-death deeds, or other titling options may be available, depending on the state where the property is located.

These choices must be handled carefully. An option that works in one state may not work the same way in another. Proper review helps avoid accidental consequences.

Coordinating your entire estate plan

Out‑of‑state property should never be planned in isolation. Your beneficiary designations, powers of attorney, trust, and wills should all work together.

An experienced estate planning attorney can coordinate these pieces so nothing conflicts and no property is overlooked. This is especially important if you own property in multiple states or expect to buy or sell property in the future.

Planning today helps your family tomorrow

The goal of estate planning is peace of mind. Planning for out-of-state property in an estate helps ensure your loved ones are not left managing multiple courts, confusing rules, or unnecessary delays during a difficult time.

A clear plan makes it easier for your family to honor your wishes and move forward with confidence.

Ready to take the next step

If you own property in another state or are thinking about purchasing one, now is the right time to review your estate plan. Our team helps families create practical plans that work across state lines.

When you’re ready to get your estate plan in order, start by taking action today and download our estate planning checklist to see where your plan may need attention.