What Happens If You Die in the U.S. and Own Property Abroad?
If you die in the U.S. and own property abroad, things can get complicated.
This might not be the most fun topic to talk about, but it’s definitely one of the most important. Many of us living in the U.S. still have strong ties to our countries of origin: a house we inherited, a piece of land we haven’t sold yet, a bank account “just in case.” And while it might seem like everything is under control, the truth is that if you pass away without a legal plan, things can get really complicated for those you leave behind.
This blog isn’t here to scare you but to inform you. Because with a little preparation, you can avoid a lot of headaches down the road.
Why is it important to think about this?
When a person dies, everything they own (assets, accounts, properties, etc.) goes through a legal process called probate here in the U.S. However, if you own property abroad, you will likely face a separate probate for international property. This means your heirs might have to navigate legal procedures in two different countries, which can complicate and delay the transfer of your assets.
What could happen?
Your will made in the U.S. might not be valid in the country where your other property is located.
Your heirs may need to pay for translations, legalizations, or even lawyers in two countries to manage the probate for international property.
If the documents aren’t properly prepared, notarized, or apostilled, they could be rejected.
In some countries, even if you want to leave everything to one person, the law forces assets to be divided among family members.
How to avoid these problems?
You don’t need to solve everything all at once, but it’s good to start taking action little by little. Here are some ideas to begin:
Make a list of what you have both here and abroad, even if it’s just land or a bank account.
Check if you have a will, and if not, consider making one. Sometimes it’s best to have one for each country.
Consult a lawyer who knows about international estate planning and probate for international property.
If you plan to use documents here that will also be used abroad, make sure they are notarized and apostilled.
Talk to your loved ones. Sharing your plans can save a lot of confusion and conflict later.
A tip from experience
I’ve learned it’s not about how much you have, but having it in order. Estate planning isn’t just for older people or those with lots of money. It’s for anyone who wants to avoid leaving a legal mess for their family.
And if you don’t know where to start, ask for help. There are people who can guide you step by step, without complications or difficult legal language. The important thing is to start.
Don’t leave your family with complicated legal battles across borders. Taking care of your probate for international property now means peace of mind for you and security for your loved ones. If you’re unsure where to begin, reach out to Say Notary for personalized guidance — planning ahead is the best gift you can give.