Short Answer

Yes—you can include out-of-state real estate in your North Carolina will. After you pass, North Carolina will generally honor a will that was validly executed, but the state where the house sits controls how title to that property actually transfers. In practice, your executor will probate your will in North Carolina and then file authenticated copies or open an ancillary probate in the other state so the deed can transfer there. Good planning uses a clear gift or residuary clause, broad executor powers, and sometimes a revocable trust to avoid ancillary probate altogether.

How North Carolina Law Applies

Under North Carolina law, a will that is properly executed is generally valid here even if you signed it elsewhere. North Carolina will accept a will that meets North Carolina’s formalities or the law of the place where you signed it or were domiciled. That said, real estate is governed by the law of the state where the land is located. So, while your North Carolina will can devise your out-of-state house, your executor must follow that other state’s process (often filing an authenticated copy of your North Carolina probate and, if required, opening an ancillary proceeding there) to pass good title.

In practical terms: include the out-of-state house in your North Carolina will either by a specific gift or through your residuary clause. Make the will self-proved and give your executor explicit powers to sell, manage, and convey real estate. After death, the executor probates in North Carolina, then uses certified or exemplified copies to clear title in the other state or opens an ancillary estate there if that state requires it. If you want to avoid that extra step, consider titling the property in a revocable living trust during life.

Key Requirements

• Valid execution: A North Carolina will is typically a written, attested will signed by you and witnessed by at least two competent witnesses. Making it self-proved lets the clerk accept it without locating witnesses later. North Carolina also recognizes wills validly executed under other jurisdictions’ laws.

• Clarity of gift: You can devise the out-of-state house specifically (e.g., “I devise my house at [address] to [name]”) or rely on a residuary clause to capture “all remaining property wherever located.” Specific gifts reduce ambiguity; residuary clauses ensure nothing is left out if you sell or refinance before death.

• Executor powers: Include broad powers to sell, lease, manage, and convey real estate, and to sign any deeds or ancillary filings needed in other states. This helps your executor complete required steps without extra court orders.

• Ancillary probate readiness: Expect the other state to require an exemplified (authenticated) copy of your will and North Carolina probate order, and sometimes a local ancillary appointment, before it will transfer title or permit a sale.

• Title and ownership checks: If the house is titled with survivorship (e.g., joint tenancy or tenants by the entirety), it likely passes outside the will to the surviving owner. Confirm how the deed is titled so your plan matches the legal reality.

Process & Timing

1. Draft your North Carolina will. Ensure it’s properly executed and self-proved. Decide whether to make a specific devise of the out-of-state house or rely on your residuary clause. Add broad real estate powers for your executor.

2. Consider probate-avoidance options. To avoid ancillary probate, many clients deed out-of-state property to a revocable living trust during life. In some states, a transfer-on-death deed may work; your attorney can coordinate with counsel in the state where the property sits.

3. After death, open probate in North Carolina. Your executor seeks admission of the will in common form to be appointed and gather records.

4. Authenticate the North Carolina probate documents. Obtain certified or exemplified copies of the will and the North Carolina probate order as needed.

5. Clear title in the other state. File the authenticated documents with the clerk or recorder in the county where the house is located. If that state requires it, your executor (or a local ancillary representative) opens a limited ancillary probate to handle notice to creditors, signing deeds, and closing the local file. Filing fees and timing vary by state and page count.

6. Distribute or sell. Once the other state’s requirements are met, the house can be transferred to your devisee or sold and the proceeds distributed under your will.

What the Statutes Say

• N.C. Gen. Stat. § 31-46: Describes when a will is valid in North Carolina, including if it was executed under North Carolina law, the law of the place of execution, or the law of the testator’s domicile. This supports using a North Carolina will that references property “wherever located,” including out-of-state real estate.
• N.C. Gen. Stat. § 31-11.6: Explains self-proved wills. A self-proved will can be admitted without locating witnesses, streamlining probate and any follow-on filings needed to transfer out-of-state real estate.
• N.C. Gen. Stat. § 28A-2A-8: Sets out how attested wills are proved in North Carolina. Ensuring your will meets these standards helps your executor move quickly to the out-of-state title steps.
• N.C. Gen. Stat. § 28A-2A-7: Provides for probate in solemn form with notice to interested parties. In some cases, using solemn form can reduce later challenges before your executor tackles out-of-state transfers.
• N.C. Gen. Stat. § 28A-2A-17: Governs how North Carolina records and relies on certified copies of a will probated in another jurisdiction. While your situation involves the reverse, the statute illustrates the authenticated-copy process courts use across state lines.
• N.C. Gen. Stat. § 28A-26-3: Addresses ancillary administration preferences in North Carolina for nonresident decedents. It shows how ancillary probate works here, which is similar in concept to what your executor may encounter in the other state.

Exceptions & Pitfalls

• Title that bypasses the will: Property held with survivorship (joint tenancy or tenants by the entirety) or with a transfer-on-death deed typically passes outside your will. Confirm title now so your will matches your goals.

• Different state rules: The other state may require its own forms, notices to creditors, bonding, or a local personal representative. Your executor should expect to provide an exemplified copy of your North Carolina probate papers and follow that state’s procedures.

• Witnessing and formality pitfalls: If you sign a will while traveling, make sure it satisfies North Carolina law or the law of where you sign or where you are domiciled. A self-proved will reduces hurdles.

• Selling within administration: If the house must be sold soon after death, expect that the other state may require an ancillary appointment so a fiduciary can sign the deed. Plan for this by granting broad powers of sale in your will or using a revocable trust.

• Multiple documents in multiple states: If you use a separate “situs will” for the other state, coordinate carefully to avoid conflicts. Inconsistent documents can cause delay and litigation risk.

Helpful Hints

• Keep a copy of your deed and latest property tax bill with your estate file. Note the county and state where the property sits.
• Make your will self-proved to speed up probate and any ancillary filings.
• Grant your executor explicit authority to sell, lease, and convey real estate and to sign ancillary paperwork in other states.
• If avoiding ancillary probate matters to you, ask about retitling the property into a revocable living trust during life.
• Tell your executor where the original will is stored and which lawyer holds the ancillary plan for the out-of-state house.

Talk to a Estate Planning Attorney

If you own a house outside North Carolina and want your North Carolina will to handle it smoothly, our firm can help you choose the right approach—specific devise, residuary clause with strong executor powers, or a trust to avoid ancillary probate. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.