Can an American Leave Property to Someone Abroad?

If you’re an American wondering, “Can I leave my property or money to someone living in another country, like the Philippines, in my will?” the answer is straightforward: Yes, you can. Whether you’re in Florida or any other state, U.S. law generally allows you to bequeath real estate, bank accounts, or other assets to someone abroad. However, there are a few key considerations to ensure your wishes are carried out smoothly. This article breaks down the essentials of leaving property to an international beneficiary, with practical tips for effective estate planning.

Is It Legal to Leave Property to Someone in Another Country?

Absolutely. In the U.S., there are typically no restrictions preventing you from naming someone in another country, like the Philippines, as a beneficiary in your will or trust. Whether it’s a house, investment account, or cash, you can designate these assets to go to anyone, anywhere, regardless of their citizenship or location.

What Should You Consider When Leaving Property Abroad?

While it’s legally possible, here are a few things to keep in mind to make the process seamless:

1. Probate Process: When you leave assets to someone abroad, they may need to go through probate, the court process to distribute your estate. If the beneficiary isn’t a U.S. citizen or a close relative, they may not be able to serve as the personal representative (executor) managing this process. You’ll need to appoint a U.S.-based representative, which could add complexity or cost.

2. Tax Implications: In the U.S., federal estate taxes only apply to estates over $13.99 million (as of 2025), and many states, like Florida, have no state inheritance tax. However, other state tax rules may differ, so check with a local attorney. Additionally, the beneficiary’s country (e.g., the Philippines) may impose taxes on inherited property, income from assets, or proceeds from selling inherited property.

3. International Legal Differences: Laws in the beneficiary’s country may affect how they receive or manage the inheritance. For example, owning property or receiving large sums in the Philippines could trigger local tax or legal obligations.

How to Plan for International Inheritance

To ensure your international beneficiary receives their inheritance without unnecessary hurdles:

• Consult an Estate Planning Attorney: Work with an attorney in your state to draft a valid will or trust that accounts for international beneficiaries.

• Seek International Expertise: Partner with a tax professional or attorney familiar with the beneficiary’s country (e.g., the Philippines) to address potential foreign tax or legal issues.

• Consider a Trust: A trust can often bypass probate, simplifying the transfer of assets to someone abroad and potentially reducing costs.

• Plan for Taxes: Understand both U.S. and foreign tax implications to maximize what your beneficiary receives.

Final Thoughts

Leaving property or financial support to someone in another country, is entirely possible for Americans. With proper planning, you can ensure your assets reach your loved ones abroad efficiently and with minimal complications. Consult an estate planning attorney in your state and, if needed, a professional familiar with international law to create a plan that honors your wishes.

Ready to start planning? Contact an estate planning attorney today to secure your legacy across borders.

Disclaimer: This article is for informational purposes only. Consult an attorney in your state for personalized advice tailored to your situation.