Estate Planning When You Own Property in Another Country
South Florida is full of international families — people who moved here from Latin America, the Caribbean, or Europe and still own a home, land, or accounts back home, as well as foreign nationals who’ve bought property in Florida. If that’s you, here’s something most generic estate plans miss: your U.S. will may not control property located in another country. Cross-border estates follow special rules, and getting them wrong can leave your family with a costly mess in two legal systems.
Two versions of the same problem
This issue runs in both directions: a Florida resident who owns assets abroad, and a person living abroad (or a non-citizen) who owns real estate or accounts in Florida. In either case, the property is generally governed by the laws of the place where it sits — not simply by where you live or what your will says.
Your will may stop at the border
Many countries — especially civil-law countries throughout Latin America and Europe — apply forced heirship rules that reserve a fixed share of your estate for certain relatives, regardless of what your will says. Others require their own local probate before foreign property can transfer. A single U.S. will often isn’t enough; families frequently need coordinated plans, and sometimes a separate “situs” will for the assets in each country.
Ancillary probate: the Florida side
When someone who lives outside the U.S. dies owning real estate in Florida, that property typically must go through a Florida ancillary probate — a second, Florida-based court process on top of any proceeding in their home country. The mirror image happens to Florida residents with foreign property. Planning ahead — often with a trust or proper titling — can spare your heirs a double probate. See our overview of Florida probate.
Tax traps for non-citizens
Estate tax rules treat non-citizens very differently. Non-resident, non-citizen owners of U.S. property may face a far smaller federal estate-tax exemption than U.S. citizens receive, and transfers to a non-citizen spouse don’t automatically get the unlimited marital deduction — often requiring a special trust (a QDOT) to defer tax. These figures and rules change, so they should be confirmed with current guidance, but the takeaway is clear: assume nothing, and plan deliberately.
How to plan across borders
Good cross-border planning usually means coordinating an attorney in Florida with counsel in the other country, deciding whether one will or separate situs wills make sense, considering trusts or careful titling to avoid double probate, and checking whether a tax treaty applies. If your family or your assets span more than one country, this is our differentiator — see our guide to estate planning for immigrants and non-citizens.
Frequently asked questions
Does my Florida will cover property I own abroad?
Often not fully. Foreign property is usually governed by the laws of the country where it’s located, which may impose forced heirship or require local probate. Coordinated planning is key.
What is ancillary probate?
It’s a secondary probate opened in a state or country where the deceased owned property but did not primarily reside — for example, a Florida probate for a foreign owner’s Miami condo, on top of proceedings in their home country.
I’m not a U.S. citizen but own a home in Florida — do I need a plan?
Yes. Non-citizens face different estate-tax and spousal rules and can trigger Florida ancillary probate. A tailored plan can reduce tax exposure and spare your family a difficult court process.
This article is general information about Florida law, not legal advice, and cross-border planning also involves foreign law. Alfredo J. Rubio Law, PLLC offers free, bilingual consultations — contact us to plan for assets and family across borders.
