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More than 9 million Americans live outside the United States, and most have no will that accounts for assets in multiple countries. If you're a US expat, this oversight can devastate your family — leaving them to navigate two legal systems simultaneously while grieving.
When you live abroad, your estate doesn't follow a single set of rules. Your US bank accounts are governed by American law. Your French apartment may be subject to French forced heirship provisions. Your UK pension has its own nomination rules. Getting this wrong means your family faces multiple probate proceedings, costly legal fees, and years of delays.
⚠ Critical Fact: A single US will is usually NOT sufficient for expats with assets abroad. Most international estate attorneys recommend a dual will strategy — one for each jurisdiction.
Why US Expat Estate Planning Is Uniquely Complex
US citizens abroad face planning challenges that generic domestic tools don't address:
- Worldwide US tax exposure: The US taxes citizens on worldwide income and estates regardless of residence. The 2026 federal estate tax exemption is $13.99 million — but international real estate can push estates toward this threshold faster than expected.
- Forced heirship laws: France, Germany, Spain, Italy, and most of Latin America legally require portions of your estate to go to children or spouses, overriding your will's provisions entirely.
- Dual probate risk: Without proper planning, your estate may go through probate in two countries simultaneously — doubling costs and delaying distribution by years.
- Foreign account reporting: FBAR and FATCA requirements mean your foreign accounts are on the IRS radar. Improper beneficiary designations can trigger tax issues at death.
- Language and translation: Even a technically valid US will requires certified translation in many foreign probate courts, adding cost and time.
The Dual Will Strategy: Your Foundation
The most effective approach for US expats is the dual will strategy: a US will covering US-situs assets (financial accounts, US real estate, US business interests) and a local country will covering your host country assets.
Critically, these two wills must be carefully coordinated. Each should explicitly state its geographic scope and include a non-revocation clause to prevent each will from inadvertently canceling the other — a common and costly mistake.
Your US Will Should Cover:
- US bank and brokerage accounts (unless covered by beneficiary designations)
- US real estate
- US business interests and partnerships
- Intellectual property held in the US
- Digital assets with US-based providers (Google, Apple, Coinbase)
- Guardian designations for minor children
Your Local Country Will Should Cover:
- Real property in your country of residence
- Local bank and investment accounts
- Vehicles, personal property, and household contents abroad
- Local business interests
- Host-country pension plans and retirement accounts
🏆 Best for US Expats: ExpatLegalWills.com — purpose-built for expatriates, covers 35+ countries simultaneously.
Create Your Expat Will →
Jurisdiction-Specific Planning: Key Countries
US Expats in the UK
The UK operates under common law and generally recognizes validly executed US wills for movable property. However, UK real estate must pass under English law. UK Inheritance Tax (IHT) at 40% applies to UK-situs assets above £325,000 regardless of your nationality. The spousal exemption is unlimited for married couples. US expats in the UK should maintain both a US will and a UK will, ideally created through a service that understands both jurisdictions.
US Expats in Canada
Canada has no federal inheritance tax, making it one of the more expat-friendly countries. However, provincial probate fees apply (highest in Ontario and BC), and Quebec operates under civil law with unique formalities. US-Canada tax treaties provide some relief. See our detailed guide: Best Online Will Makers for Canadians →
US Expats in EU Countries
The EU Succession Regulation (Brussels IV) allows EU-resident expats to elect the law of their nationality to govern their worldwide estate — meaning a US expat in France can elect US law and potentially bypass French forced heirship. This election must be explicitly stated in your will. Without it, French law applies to all French-situs assets, reserving 50–75% for children.
US Expats in Asia
Japan operates under civil law with strong forced heirship. Singapore is common-law and relatively expat-friendly. Thailand limits foreign land ownership — your "assets" may include leaseholds or condo titles with special rules. In each case, a local attorney is essential alongside your US-side documents.
Real Expat Planning Mistakes — Case Studies
Case Study 1: The One-Will Disaster (Germany)
David, a US software engineer who relocated to Frankfurt in 2019, had a comprehensive Ohio will drafted before departing. When he passed away in 2024, his family discovered his Frankfurt apartment (€480,000) was subject to German forced heirship. His attempt to leave everything to his unmarried partner was overridden — German law gave 50% to his adult children from a prior marriage. His partner received nothing from the German property. Legal fees: €85,000. Timeline: 26 months.
Case Study 2: The Dual Will That Worked (Singapore)
Maria, an American marketing executive in Singapore, created coordinated dual wills before any health crisis — one for US assets, one for Singapore. When she became critically ill in 2023, her family processed both estates in parallel within eight months, with minimal fees. Her total planning cost: under $800.
Step-by-Step: Creating Your Expat Will in 2026
- Inventory all assets by jurisdiction — List every account, property, and significant asset with the country where it is physically or legally located.
- Determine your legal domicile — Your domicile (intended permanent home) affects which country's law governs your movable property worldwide.
- Create your US will first — Use an expat-specialized service; explicitly limit scope to US-situs assets and include a non-revocation clause.
- Create your local country will — Use an online service for common-law countries; hire a local attorney for complex civil law jurisdictions.
- Coordinate beneficiary designations — Update these for all US and foreign-held retirement accounts and life insurance separately from your will.
- Consider a US Revocable Living Trust — Avoids US probate and is especially useful when managing an estate from abroad.
- Review every 3–5 years — Or after any major life change: marriage, divorce, new child, property purchase, or change of residence country.
Best Services for US Expat Will Creation
ExpatLegalWills.com
Best overall for US expats — purpose-built for international estate planning
ExpatLegalWills.com is the leading online service specifically designed for expatriates. Unlike generic US will makers, it creates will documents valid in your specific country of residence and allows coordinated dual wills that explicitly define geographic scope. Covers 35+ countries.
Best for: US expats in UK, Canada, Europe, Asia, Australia, New Zealand, South Africa
Price: From $54.95 USD for a single-country will
Standout feature: Cross-jurisdictional coordination — prevents inadvertent will revocation between jurisdictions
Start Your Expat Will at ExpatLegalWills →
US Expat Estate Planning Summary
| Action Item | Priority | Est. Cost | Timeline |
|---|
| Create US will (expat-optimized) | 🔴 Urgent | $55–$150 | 1–2 hours |
| Create local country will | 🔴 Urgent | $55–$500+ | 1–4 weeks |
| Update beneficiary designations | 🟠 High | Free | 2–4 hours |
| Review FBAR/FATCA compliance | 🟠 High | $200–$500 | Annual |
| Consider US living trust | 🟡 Medium | $399–$1,500 | 1–2 weeks |
| Cross-border tax planning review | 🟡 Medium | $500–$3,000+ | 1–3 months |
Protect Your International Assets Today
ExpatLegalWills.com makes it easy to create legally valid wills for your specific countries in under an hour — without an expensive international attorney.
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Frequently Asked Questions
Do US expats need a will in both their home country and abroad?
In most cases, yes. If you own real property or significant accounts abroad, a local will is highly recommended. Your US will may not be automatically recognized in foreign courts, especially in civil law countries like France, Germany, or Japan.
Will my US will be valid in my country of residence?
It depends on the country. Common-law countries like the UK and Canada generally recognize validly executed US wills. Civil law countries have forced heirship rules that can override your will's provisions regardless of what it says.
What is the best online will service for US expats?
ExpatLegalWills.com is purpose-built for expatriates and creates jurisdiction-appropriate wills for 35+ countries. It is our top recommendation for US citizens living abroad who need coordinated international estate planning.
Do US expats still owe US estate taxes?
Yes. US citizens owe US estate taxes on worldwide assets regardless of where they live. The 2026 federal estate tax exemption is $13.99 million per individual. Tax treaties may provide credits to avoid double taxation with your host country.
What happens if I die abroad without a US will?
Your US assets pass under intestacy laws of your last US state of domicile. Courts appoint an administrator, your estate goes through probate, and distribution can take 12–24 months — all preventable with a basic will.