Do I Need a Separate Will for US Property?
Short answer
Need? No. Good idea? Usually.
Real estate is typically governed by the law of where it’s located—and in the U.S., that means dealing with state-specific rules. Your Canadian Will might not be enough to cover it cleanly.
In some cases, a separate U.S. Will or cross-border strategy is the cleanest way to avoid conflict and delay.
But you don’t always need a separate U.S. Will—but you do need a Will that holds up on both sides. U.S. property is governed by local state law, and even with a solid Canadian Will, your executor may face delays or extra steps if it’s not built to travel.
Long answer
If you’re a Canadian with U.S. property—especially real estate—you don’t necessarily need a second Will. In many cases, a properly drafted Canadian Will can be probated here and then recognized in the U.S. through a court validation process.
U.S. property is typically governed by the law of the state where it’s located. And every state has its own probate rules, court procedures, and documentation standards. That means even a valid Canadian Will can hit delays, extra court requirements, or legal opinion hurdles—especially if it wasn’t written with cross-border use in mind.
In some cases, I recommend preparing a local U.S. Will just for that property to streamline the local process. That can be smart in certain cases—but only if both Wills are coordinated. Poorly drafted multiple Wills are worse than none at all. They can revoke each other, conflict on key terms, or trigger court fights about which one governs what.
And tax? That’s another layer. U.S. estate tax doesn’t usually apply unless your U.S. assets are over a certain threshold, but the rules are complicated, not to mention each state has its own rules too.
If your U.S. property is valuable, shared, or likely to be held long-term, it’s worth making sure your Will is cross-border ready—even if it’s the only one you use.
Own U.S. property? Don’t assume your Canadian Will will cut it.
Learn more about Wills for Canadians with U.S. property →
Learn more about Wills for Snowbirds with Florida property →
Ready to move forward? Book your intro call now →
This content is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.