Succession: United StatesUnited States

Case complexity: low. The testator resides in United States, the heir resides in United States.

Which law decides who gets what

Under United States rules, money, accounts and shares are inherited by the law of the country where the person lived, while real estate follows the law of the country where it physically sits.

Who the law forces you to include

United States: Testamentary freedom (except Louisiana); a spousal elective share is available.

Where tax arises

United States: Federal estate tax. For non-resident non-citizens the exemption is only $60,000 on US-situs assets, tax up to 40% (US real estate, shares of US companies, property in the US).

How it is recognised and processed

Standard process in United States.

What to set up in advance

Will with a choice of applicable law

← Check your own case in the interactive navigator

This is general guidance, not legal advice. The rules are simplified; confirm current rates and details with a lawyer.

Contact information

If you have questions or need a consultation, our experts will be glad to help.

Request a callback

Private.law Attorneys

This material is prepared for public review and may be freely shared.

We work on complex legal matters for demanding clients.

Our site