My wife and I live overseas and want to create wills. Are there any special procedures to creating a will from overseas? Also, we come from different states but have permanent addresses valid for both of us in both states. Is it beneficial to file wills in the same state or should we just chose our birth states?

Bryan Zlimen ∙ September 12, 2019

Your wills generally should be governed by the laws of the state that you either permanently reside in or have assets (usually real estate) in. If you are living in another country and pass away while you are there, the laws of that country would govern any assets in that country, while your US Wills would govern assets here. Issues such as this require a more in depth understanding of your circumstances, and are better suited to a 1-on-1 discussion. Check out LegalZoom’s Legal Plan. Membership provides access to provider attorneys that can discuss with you your specific situation, your rights, applicable State and Federal laws, and remedies or options.

Bryan Zlimen is licensed to practice law in the state of Minnesota, and his comments may only apply to that jurisdiction. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.


Thanks for the feedback! Change answer

Ready to take the next step?

Pricing starts at $ 69

ATTORNEY ADVERTISEMENT: This portion of the LegalZoom website is an advertisement for legal services. LegalZoom does not endorse or recommend any lawyer or law firm who advertises on our site. Prior results do not guarantee a similar outcome. The information contained in this advertisement is not legal advice. Any information you submit through this site may not be protected by attorney-client privilege and may be provided to attorneys for the purpose of determining your needs for legal services. All case evaluations are performed by a participating attorney.

To see the attorney in your area who is responsible for this advertisement, please click here. If you live in Alabama, Missouri, or New York please click here for additional information.

This advertisement and all attorney services may be subject to additional terms and conditions, located on the website of each attorney. Please visit the website of the participating attorney in your area for more details. Any arrangement made by you and your attorney is strictly between you and them.