Originally published: April 16, 2015 | Last updated: January 25, 2026
Why Do Americans Abroad Need a US Will?
The US diaspora is global, with sizeable populations in Mexico, the Philippines, Israel, Canada, and across Europe, Asia, and Africa. An estimated 3 to 6 million Americans live abroad, and many still hold property, bank accounts, and investments in the United States.
If a US citizen dies without a Will covering their American assets, those assets are subject to the intestacy laws of the state where they are located. This means the state government — not the deceased — decides who inherits what.
What Are the Options for Creating a US Will from Abroad?
| Method | Quality | Cost | Feasibility for Expats |
|---|---|---|---|
| Handwritten (holographic) Will | Very poor | Free | Only accepted in ~7 states; not recognized if written abroad in most cases |
| Blank form Will kit | Poor to fair | $20–50 | Rarely state-specific; may revoke other Wills; may not be current |
| Estate planning attorney | High | $500+ | Requires travel to the US; must sign in person; expensive |
| ExpatLegalWills.com | High | $34.95 | Available anywhere; state-specific; designed for expats |
How to Create Your US Last Will and Testament in 6 Steps
Step 1: Make key appointments
Name an executor to administer your US estate and, if applicable, guardians for minor children. Name alternates in case your first choices are unable to serve. It is a good idea to gain approval from your appointees before naming them.
Step 2: Plan the distribution of your assets
Decide who receives what. This can be as simple as leaving everything to one person or as detailed as specific items to named beneficiaries. Consider charitable bequests — planned legacy giving has no impact on your lifestyle but can make a significant difference to a charity.
Step 3: Create alternate plans
What happens if your main beneficiary predeceases you? What if you are both involved in a common accident? These “what if” scenarios require careful thought and are where most estate plans need the most attention.
Step 4: Step through the service
The ExpatLegalWills.com service has approximately nine sections. You identify yourself, describe your family situation, name your executor and guardians, distribute your possessions, set up trusts for minor beneficiaries, and handle outstanding debts.
Step 5: Print and sign your Will
The document must be printed on paper and signed in the presence of two witnesses who are not beneficiaries. Digital, scanned, video, and verbal Wills are not legally acceptable. Witnesses do not need to be lawyers, US citizens, or US residents — two friends, neighbors, or coworkers are sufficient.
Step 6: Store your document safely
Keep your Will somewhere known and accessible to your executor. There is no Will registry for living individuals. Consider giving your executor a copy in a sealed envelope, especially if they are in the US — they will need it to file with probate courts.
Key Takeaway
The ExpatLegalWills.com service produces a state-specific US Will that deals exclusively with your US assets and is designed to work alongside any Will in your country of residence. The entire process takes about 20 minutes.
Frequently Asked Questions
Is a holographic Will valid for US expats abroad?
Holographic Wills are only accepted in a small number of US states (approximately 7, including Connecticut, Hawaii, and Oregon), and some only accept them if written within the state itself. It is not a reliable approach for expats.
Do my witnesses need to be American citizens?
No. There are no citizenship or residency requirements for Will witnesses in any US state. Any two adults who are not beneficiaries can serve as witnesses, regardless of where in the world you are located.
Can I update my US Will after creating it?
Yes. You can log into your ExpatLegalWills.com account at any time, make changes, download the updated Will, print it, and sign it again with two witnesses.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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