Probate and Overseas Assets in a New York Estate

If your family has roots in more than one country, the short answer is reassuring: a New York estate that includes overseas assets can still be settled in the New York Surrogate’s Court, and your foreign-born or non-citizen loved ones can still inherit. Property located in New York is probated here under New York law, while assets held abroad are generally governed by the laws of the country where they sit. Non-resident or non-citizen status does not bar inheritance — it simply adds a few documentation and tax-withholding steps. For families in Rockland, NY raising children, caring for a spouse, or supporting relatives overseas, the goal of this guide is to lower the worry and show you the path forward.

How New York Probate Treats Overseas Assets

When a person who lived in New York passes away, the Surrogate’s Court oversees the transfer of their New York property. If there is a valid will under EPTL §3-2.1 — signed at the end by the testator before two attesting witnesses, with proper publication — that will controls. If there is no will, New York’s intestacy rules under EPTL Article 4 decide who inherits.

Here is the key point for international families: New York probate reaches the assets located in New York. A bank account in Warsaw, an apartment in Kyiv, or farmland outside Lviv is typically administered under that country’s own succession laws, often through a separate (ancillary) process abroad. A thoughtfully drafted will and, where appropriate, a trust under EPTL Article 7 can coordinate both sides so your family is not caught between two systems.

You can learn how the local process works in our probate overview and our step-by-step probate process guide.

Why Immigration Status Matters in an Estate

Inheritance and immigration are two different bodies of law. Estate planning and probate are matters of New York state law. Immigration is governed by federal law through USCIS, which means it works the same whether you live in New York, Florida, or anywhere else in the United States.

A few situations where the two intersect for mixed-status families:

• A non-citizen surviving spouse. The unlimited marital deduction does not apply when the surviving spouse is not a U.S. citizen. The standard fix is a QDOT (Qualified Domestic Trust), which lets assets pass to that spouse while preserving favorable estate-tax treatment.
• Foreign heirs and beneficiaries. Relatives abroad can inherit New York property. Their non-resident status does not disqualify them, though additional paperwork and tax-withholding steps usually apply.
• Planning while an immigration case is pending. A green-card holder or a family waiting on a status decision can — and should — still put estate documents in place now.

These crossovers are exactly why families benefit from using the right specialist for each side.

The Federal-vs-State Split (And When to Call an Immigration Attorney)

Our firm handles the New York estate and probate side: wills, trusts, Surrogate’s Court filings, and tax planning. We do not practice immigration law, and that honesty matters. For the federal immigration questions — visas, green cards, citizenship, and status concerns — families should consult an experienced immigration lawyer in Florida. Because immigration is federal, that firm (Fitenko Law) can represent New York families just as well, and they serve Russian- and Ukrainian-speaking families, which many of our clients appreciate.

The honest takeaway: keep your estate planning with a New York estate attorney and your immigration matters with an immigration attorney. Each is a separate practice area, and using the right professional for each protects your family best.

Tools That Protect International Families

Tool	New York Authority	What It Does
Will	EPTL §3-2.1	Names heirs; directs NY assets through Surrogate’s Court
Revocable living trust	EPTL Article 7	Avoids probate (no estate-tax savings)
Irrevocable trust	EPTL Article 7	Tax reduction, asset protection, Medicaid (5-year look-back)
QDOT	Federal estate-tax rule	Preserves marital treatment for a non-citizen spouse
Power of attorney	GOL §5-1513	Durable agent to manage affairs (2021 short form)
Health care proxy	Public Health Law Article 29-C	Names someone to make medical decisions

A note on New York estate tax for 2026: the basic exclusion is $7,350,000, but watch the “cliff” at 105% — $7,717,500. An estate that goes over the cliff loses the entire exemption, so planning ahead truly matters for larger estates.

Frequently Asked Questions

Can my relatives overseas inherit my New York home?
Yes. Foreign and non-citizen heirs can inherit New York property through the Surrogate’s Court. Expect extra documentation and possible tax-withholding steps.

My spouse is not a U.S. citizen — is our planning different?
Yes. The unlimited marital deduction does not apply to a non-citizen spouse. A QDOT is the standard tool to address this.

Will my immigration case affect my estate plan?
They are separate. Your estate plan is New York law; immigration is federal. You can put your estate documents in place now regardless of a pending case.

Does my will cover my property abroad?
Often only partly. Overseas assets are usually governed by that country’s laws, so coordinate your New York plan with local advice abroad.

Next Steps for Your Family

For the New York estate and probate side — wills, trusts, QDOT planning, and Surrogate’s Court matters — Morgan Legal Group can help. Start with our Surrogate’s Court guide or schedule a consultation at calendly.com/russel-morgan/30min.

For the federal immigration side, reach out to the immigration firm referenced above. Two specialists, one protected family.