Estate Planning for Canadians with U.S. Property or Family

If you own real estate in the United States, hold U.S. investments, or are a dual U.S.-Canadian citizen, your Ontario Will may not go as far as you think.

Each U.S. state handles probate under its own rules. Most require a separate court process to deal with property located there—even if your Canadian Will is valid. That means if you own a home, condo, or any other real estate in the U.S., it will likely pass through a local court. Your executor may need to hire a lawyer in that state. Your family may face added delay and expense. That doesn’t make it a mistake—but it’s something worth planning around.

What Happens If You Just Use Your Canadian Will?

That’s what most people do.

If you own U.S. real estate or investments, your Ontario Will may still be accepted, but the process isn’t automatic. Most U.S. states require a separate probate process to deal with local property, even if it’s already been handled in Canada. Your executor may need to apply for what’s called ancillary probate, hire a lawyer in that state, and deal with added court steps.

For many clients, that’s an acceptable tradeoff. They don’t want to create a separate U.S. Will. They’d rather accept the delay and deal with the process when it happens. That’s valid—as long as your plan doesn’t create extra conflict or confusion along the way.

That’s where I come in. I help you draft an Ontario Will that’s clear about what it covers, avoids language that could create cross-border confusion, and doesn’t pretend to apply cleanly in places where it likely won’t. If something needs to be handled separately, I flag it—so your plan doesn’t overpromise or quietly fail.

Most Canadians don’t need to worry about U.S. estate tax. As of now, it only applies if you own over $13 million USD in U.S. assets. But that threshold may change, and some clients prefer to plan ahead—especially if they expect property values or investments to grow.

If you're a dual U.S.-Canadian citizen, the exposure is different. The U.S. doesn’t just tax U.S.-based assets—it taxes your entire estate, worldwide. That rule doesn’t change just because you live in Canada or hold most of your assets here.

I don’t give U.S. tax advice, and I don’t draft tax-driven structures. But I help you spot where the issue might arise and make sure your Ontario plan doesn’t ignore it.

When a Separate U.S. Will Might Be Worth It

In some cases, a separate U.S. Will is the cleaner path—usually when the asset is substantial, the state process is known to be slow, or you're already working with a U.S. lawyer.

It’s not always necessary. But if a court or institution is likely to delay or reject your Ontario Will, or if you want to avoid putting a cross-border burden on your executor, a simple local Will can reduce friction.

I don’t draft U.S. Wills myself. What I do is make sure your Ontario Will doesn’t assume it covers everything when it doesn’t—and doesn’t accidentally conflict with anything that’s been set up locally.

What If You're Just a Snowbird?

If you spend part of the year in the U.S.—especially in Florida or Arizona—but don’t own much beyond a vacation home or bank account, you’re not alone. That’s the most common U.S. exposure I see.

In many cases, a separate U.S. Will is overkill. But you should still expect that any U.S. real estate will go through local probate. That means court filings, legal fees, and a timeline your family can’t control. For some, that’s an ok result. For others, it’s worth limiting the Canadian Will’s scope or exploring local options.

Either way, the key is to make sure your Ontario plan doesn’t overreach or create conflict—and that your executor knows what to expect.

You may have heard that owning U.S. property exposes Canadians to U.S. estate tax. The rules are complicated and often misunderstood. Most Canadians won’t be affected—but some might be, especially if they’re dual citizens or hold substantial U.S. assets.

I don’t give U.S. tax advice. But if there’s exposure, I’ll flag it—so you can raise it with the right tax advisor, and your Will doesn’t ignore the risk altogether.

Either way, your Ontario plan should reflect the exposure, even if it’s unlikely to apply.

Learn more about Wills for Snowbirds with Florida property →

How I Help

I want to be clear: I don’t draft U.S. Wills and I don’t give tax advice. And I don’t pretend your Canadian Will will always be accepted across the border.

What I do is help you build an Ontario plan that’s scoped properly, avoids hiddens contradictions, and doesn’t create confusion about what it’s meant to cover. If something needs to be excluded—like a Florida property or a U.S. investment account—I’ll make sure the Will says so. If something needs local advice, I’ll flag it so you can decide whether to take that step.

Most clients don’t want to overcomplicate their plan. I help you keep it clean—without pretending it does more than it does.

Book a Planning Call

If your estate crosses the border—or you do—I’ll help you plan around the mess.

You don’t need to guess what your Will covers. And you don’t need to wait for a U.S. court to tell you it doesn’t work.