I’m an expat living abroad but I want to make sure I have a valid U.S. will. I don’t have a physical home in the U.S., only a mailing address and a registered agent. How can I form an enforceable U.S. will in this situation, and which jurisdiction should it be prepared under?
Yes—expats can make a valid U.S. will, but it must be tied to a specific U.S. state’s laws. Since wills are governed at the state level, your will should be prepared in the state where you have your strongest legal connection—for example, where you hold property, bank accounts, or where your LLC is registered.
A mailing address or registered agent alone isn’t enough to establish residency, so you should carefully select the state that best represents your U.S. business or asset location.
Many expats draft a U.S. will alongside a local will in their country of residence to ensure both sets of assets are covered. It’s highly recommended to work with a U.S. estate planning attorney who has experience with cross-border cases.
For business owners, companies like Business Globalizer help with entity formation and compliance, but for wills specifically, you’ll want professional legal guidance.
In short: pick the state tied to your assets, draft under its laws, and consult a cross-border estate attorney.