Do I need a will for two states, if i own two homes in different states?

UPDATED: Sep 30, 2022

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Do I need a will for two states, if i own two homes in different states?

My wife and i own a home in illinois and South Carolina. How do i make a will to
cover both homes?

Asked on July 19, 2017 under Estate Planning, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

One Will is legally sufficient. it should be executed according to the requirements of your state of domicile. Once you pass, the Will will be admitted to probate in your home state, and then an "ancillary administration" will be idone in the state where the other property is located. That having been said, you may want to consider having a revocable living trust prepared and transfer your houses to the trust to avoid a probate proceeding in each state.  At ths point, you should consider consulting directly with a local probate attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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