Raymond Chabot Grant Thornton LLP
By Jean-François Poulin & Caroline Vanier
February 10th, 2025
Many Canadians dream of buying a property by the sea in Florida or a golf course in Arizona. But what happens at the time of death? Buying a property in the United States takes planning…
Owning real estate in the United States requires proper succession planning to avoid unpleasant surprises, hassles and excessive costs for the estate. The first common error is assuming that the will is the final authority and that the property will automatically pass to the beneficiaries. This is not always the case.
A will drawn up and notarized in Canada is valid in the United States. It is not necessary to make one specifically for the U.S. However, U.S. laws stipulate that on the death of the owner of a residence in the United States, the will must be probated by the American courts.
Therefore, although a Québec notarial will is valid in the U.S., recognition by the U.S. courts is required so that the executor can administer the property, such as sell it, or transfer it to the heirs. If the will is not in English, it will also have to be translated and, generally, recognition from the Chambre des notaires and the American consulate will have to be obtained, which will lead to further delays and additional costs.
There are, however, legal instruments or ways of holding a residence in the U.S. that make it possible to avoid probate of a will in that country. This makes it easier to transfer property to the estate.
