Does a New York Will Cover Foreign Assets?

A New York will can speak to assets you own abroad, but it does not automatically control them. A will drafted and validly executed under New York law (EPTL §3-2.1) governs how your estate is distributed through the New York Surrogate’s Court. Foreign real estate, foreign bank accounts, and other overseas property, however, are usually governed by the laws of the country where they sit. That means your New York will might name who should receive a condo in Kyiv or a flat in Moscow, yet the local court there may apply its own inheritance rules before honoring it. For immigrant and mixed-status families, this gap is exactly where careful planning pays off.

Why a Single New York Will Often Is Not Enough

New York probate handles New York-situated assets cleanly. Cross-border property is different. Many countries apply “forced heirship,” recognize only locally executed wills, or require a separate probate proceeding entirely. A New York will may still be admitted abroad, but translation, authentication, and a parallel court process can add months and cost.

This is why estate planners weigh a few approaches rather than defaulting to one document. Getting the will execution right under New York standards (two attesting witnesses, the testator signing at the end, and publication) keeps the New York piece solid. The foreign piece needs its own strategy.

Comparing Your Main Options

Here is how the common choices stack up for someone with both New York and overseas assets:

Option	Best For	Trade-Offs
Single New York will	Mostly U.S. assets, modest foreign holdings	Foreign assets may face separate local probate
Separate “situs” will in each country	Significant real estate abroad	Must be coordinated so one will doesn’t accidentally revoke another
Revocable living trust (EPTL Article 7)	Avoiding NY probate	No estate-tax savings; foreign assets may not be retitled into it
Irrevocable trust (EPTL Article 7)	Tax reduction, asset protection, Medicaid planning	5-year Medicaid look-back; less flexibility

A revocable living trust avoids New York probate but provides no estate-tax savings. An irrevocable trust can reduce estate tax and protect assets, but triggers the 5-year Medicaid look-back. None of these replaces local legal advice in the country where the foreign asset is located.

Key planning points to keep straight:

• Foreign heirs and beneficiaries can inherit New York property. Non-resident or non-citizen status does not bar inheritance, though it adds documentation and tax-withholding steps.
• A non-citizen surviving spouse does not get the unlimited marital deduction. A QDOT (Qualified Domestic Trust) is the standard fix.
• The NY estate tax basic exclusion for 2026 is $7,350,000, with a cliff at 105% ($7,717,500). An estate over the cliff loses the entire exemption.

Where Immigration Status Comes In (and Where It Doesn’t)

This is the part families most often get tangled. Estate planning is state law; immigration is federal law. They are separate practice areas with separate specialists.

Your immigration status can shape your estate plan. A non-citizen spouse changes the marital-deduction math and may call for a QDOT. A green-card holder’s worldwide assets can be in scope for U.S. estate tax. But your will itself does not change your immigration standing, and no estate plan can substitute for proper immigration filings.

Because immigration is federal, an immigration attorney can represent New York families from anywhere in the country. If your planning involves a spouse’s path to a green card, the honest move is to bring in a marriage green card attorney for that federal side. Our firm handles New York estate and will matters; for the immigration piece, families should consult a marriage green card attorney. Fitenko Law also serves Russian- and Ukrainian-speaking families, which helps when documents and conversations span two languages.

Keeping the Plan Current

Cross-border plans drift out of date faster than purely domestic ones. You buy or sell foreign property, marry, or change immigration status. Small revisions can be handled through codicils and amendments rather than rewriting everything. And while you are reviewing your will, it is a good time to confirm your advance-care documents, including a living will, reflect your current wishes.

Frequently Asked Questions

Will my New York will be honored in another country?
Possibly, but not automatically. Many countries require a local proceeding and may apply their own inheritance rules. A separate will valid where the asset sits often works more smoothly.

Can a non-citizen relative abroad inherit my New York home?
Yes. Non-resident and non-citizen status does not bar inheritance of New York property, though added documentation and tax-withholding steps usually apply.

My spouse is not a U.S. citizen. Does that affect my will?
It can. The unlimited marital deduction does not apply to a non-citizen surviving spouse, so a QDOT is commonly used to address the tax issue.

Does my green card affect estate planning?
It can affect how your worldwide assets are treated for U.S. estate tax. Coordinate your estate plan with separate immigration counsel for the federal side.

Next Steps

If you own assets in more than one country, do not assume a single document covers everything. For the New York estate and will side, consult Morgan Legal Group to compare your options and book a consultation at calendly.com/russel-morgan/30min. For the federal immigration side, including marriage-based green cards, speak with the immigration attorney referenced above. Using the right specialist for each half of the problem is the surest way to protect your family across borders.