Is a Will from Another Country Valid in the USA?

A Last Will and Testament executed in another country for assets located in the USA is generally treated as valid and binding. Some caveats exist, however.

This statement of validity assumes that the Will complies with state law as to its creation and the witness/testator execution.

In other words, if the Will meets the formalities required by the state where it is submitted for probate, the Will is presumed valid even if executed outside the USA.

Non-citizens can execute a Last Will and Testament in the USA that will be valid for the handling or distribution of any property or estate assets that may be located in the USA. However, when a non-citizen owns property in another country, the law of the country where the property is located may affect how that property is distributed, regardless of what may be stated in the domestic Will.

To easily create a Will document, see Standard Legal’s Last Will and Testament legal forms software.