Short answer: yes.
Long answer: yes—but with paperwork, patience, and a crash course in U.S. estate law you probably didn’t ask for.
If you’re a non-U.S. citizen facing the inheritance of American real estate, you’re not alone. This situation comes up frequently, especially in families spread across borders. The good news is that U.S. law generally allows foreign heirs to inherit property. The challenging part is understanding how to inherit American real estate as a foreign heir without running into avoidable delays, tax surprises, or legal confusion.
Let’s break it down clearly, calmly, and without pretending it’s simpler than it is.
Yes, Non-US Citizens Can Inherit US Property
Citizenship Is Not a Barrier to Inheritance
U.S. law does not restrict inheritance based on citizenship or residency. If a valid will or state inheritance law names you as an heir, you can legally inherit U.S. real estate—even if you’ve never lived in the country or held a U.S. visa.
There is no requirement to be a U.S. citizen, permanent resident, or taxpayer to inherit property.
That’s the easy part.
Ownership vs. Administration: Where Confusion Starts
Inheriting Property Is Not the Same as Managing the Estate
While you can inherit property, you usually cannot immediately control it. Estate administration is governed by state probate laws, and those rules apply regardless of where the heir lives.
If the property was owned solely by the deceased and not held in a trust, probate is typically required. That process must happen in the U.S. state where the property is located.
Until probate is completed and authority is granted, even rightful heirs often can’t sell, rent, or refinance the property.
This is where many foreign heirs hit their first unexpected wall.
Probate Still Applies—Even If You Live Abroad
Probate Is Location-Based, Not Citizenship-Based
U.S. probate courts care about where the property is, not where the heirs live. If the home is in California, New York, Florida, or anywhere else, probate happens there.
For foreign heirs, this usually means:
- Appointing an executor or administrator
- Providing certified documents (often apostilled)
- Communicating across time zones
- Exercising patience
None of this is insurmountable—but it is procedural.
You Usually Don’t Have to Travel to the US
Good news: most foreign heirs can complete the inheritance process remotely. Attorneys, courts, and title companies routinely handle international heirs.
That said, documents must be signed correctly, notarized properly, and sometimes authenticated through international processes. Skipping these steps can cause delays.
Taxes: The Part Everyone Worries About
Estate Taxes vs. Inheritance Taxes
The U.S. does not have a federal inheritance tax, but it does have estate taxes. These are assessed on the estate itself, not directly on the heir.
For non-U.S. citizens, the federal estate tax exemption is much lower than for U.S. citizens. This can matter if the estate is large and includes valuable real estate.
State-level taxes may also apply, depending on where the property is located.
This is one of the most important areas where professional advice is strongly recommended.
Owning Property Does Not Automatically Create Immigration Status
Inheriting U.S. property does not grant residency, visas, or citizenship. You can own property in the U.S. without any immigration status at all.
However, income generated from the property—such as rent—may create U.S. tax obligations. Ownership is allowed; compliance is required.
Selling vs. Keeping the Property
You Can Sell as a Foreign Heir
Foreign heirs are allowed to sell inherited U.S. real estate. However, the sale typically cannot happen until probate is completed and title is properly transferred.
Capital gains tax may apply, though many heirs benefit from a “stepped-up basis,” which can significantly reduce taxable gains. The exact outcome depends on timing and property value.
Keeping the Property Comes With Ongoing Responsibilities
If you decide to keep the property, you’ll need to manage:
- Property taxes
- Insurance
- Maintenance
- Possible rental compliance
- Ongoing tax filings
Owning property across borders is possible, but it requires planning. Many foreign heirs eventually choose to sell simply to reduce complexity.
Common Mistakes Foreign Heirs Make
Assuming the Will Avoids Probate
A will does not bypass probate by itself. Many foreign heirs assume that being named in a will means instant ownership. In most cases, it does not.
Ignoring Local State Law
U.S. inheritance law varies by state. What works in Florida may not work in New York. This is especially important for deadlines, court procedures, and executor requirements.
Underestimating Documentation Requirements
International inheritance often involves:
- Apostilles
- Certified translations
- Foreign death certificates
- Identity verification
Each missing or incorrectly prepared document can delay the process.
How to Inherit American Real Estate as a Foreign Heir (The Practical View)
While every situation is different, the general process looks like this:
- Confirm ownership and whether probate is required
- Identify the appropriate U.S. probate court
- Appoint an executor or administrator
- Complete probate and transfer title
- Decide whether to keep or sell the property
- Address tax and compliance obligations
It’s not instant. It’s not effortless. But it is entirely possible.
So, can non-US citizens inherit property in the United States? Absolutely.
The challenge isn’t eligibility—it’s execution.
Understanding how to inherit American real estate as a foreign heir means recognizing that U.S. property law is procedural, state-specific, and documentation-heavy. With the right expectations and proper guidance, foreign heirs successfully inherit, manage, and sell U.S. property every day.
The key is not rushing, not guessing, and not assuming that international borders make American inheritance law disappear.
They don’t. But with preparation, they don’t have to stop you either.