Out-of-State Property in a New York Estate Plan

Own property outside New York? Learn how to handle out-of-state real estate in your estate plan and avoid multiple probate proceedings.

How to Handle Out-of-State Property in a New York Estate Plan

If you own a second home, rental property, or land outside New York—whether in Florida, California, or even abroad—it’s important to consider how that property fits into your estate plan.

The Problem: Ancillary Probate

Even if you live in New York and have a will, real estate in another state must go through probate in that state—a process known as ancillary probate. This means:

• Delays in transferring the property

• Additional court costs and attorney fees

• Potential conflicts with out-of-state laws

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The Solution: Revocable Living Trust

One of the most effective ways to avoid multiple probate proceedings is to transfer out-of-state property into a revocable living trust. This allows the property to pass smoothly to beneficiaries without court involvement in another jurisdiction.

Other planning tools may include:

• Joint ownership with right of survivorship

• Transfer-on-death (TOD) deeds (where available)

• Foreign property planning (with local counsel, if abroad)

  
  

Plan Ahead, Avoid Complexity

Owning property in more than one state adds complexity to your estate—but the right legal strategy can keep your plan efficient, private, and cost-effective.

Contact The Law Office of Jin-Wook Kim, P.C. to ensure your New York estate plan properly addresses your out-of-state or international real estate. We help clients across Long Island and beyond navigate cross-jurisdictional planning with confidence.