Florida Inheritance Law for Foreigners: A Complete Guide

The inheritance law in Florida for foreigners permits non-US citizens to inherit Florida-based assets, including real estate, bank accounts, and investments, under the same rules that govern US residents.

Foreign heirs must navigate probate procedures and potential federal estate taxes, but Florida imposes no state inheritance tax.

This article covers:

• What are the inheritance rules in Florida for foreigners?
• Who gets inheritance when there is no will?
• Can you list a non-US citizen as a beneficiary?
• Is inheritance considered separate property in Florida?
• What is the estate tax exemption for non residents?

Key Takeaways:

• Foreigners can inherit Florida assets without state inheritance tax.
• Inheritance is considered separate property and protected in divorce.
• Non-US citizens can serve as executors with certain restrictions.
• US federal estate tax may apply to non-resident heirs above USD 60,000.

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The information in this article is for general guidance only. It does not constitute financial, legal, or tax advice, and is not a recommendation or solicitation to invest. Some facts may have changed since the time of writing.

What are the inheritance laws in the state of Florida?

Florida inheritance law applies equally to US citizens and foreigners, so nationality does not affect who may inherit assets located in the state.

If the deceased left a valid will, Florida courts generally uphold it, provided it complies with Florida formalities or qualifies as a recognized foreign will.

Florida courts have jurisdiction over assets situated in the state, meaning probate or ancillary probate may be required for Florida property, even when the deceased lived abroad.

Who inherits when there is no will in Florida?

When there is no will, a surviving spouse and children are first in line to inherit under Florida intestacy law.

If neither exists, the estate passes to parents, then siblings, and then more distant relatives in a strict statutory order.

US courts do not apply foreign succession rules, forced heirship regimes, or cultural norms when administering Florida property.

Is inheritance separate property in Florida?

Inheritance is considered separate property in Florida, even during marriage.

Assets inherited by one spouse are not subject to equitable distribution in a divorce, provided they are kept separate and not commingled with marital assets.

If inherited funds are deposited into joint accounts or used to purchase jointly titled property, they may lose their separate character.

This distinction is particularly important for foreigners married to US spouses or residing abroad while holding Florida assets.

Does inheritance tax apply to non-residents?

Florida does not impose an inheritance tax or state estate tax on residents or non-residents. However, US federal estate tax may apply to non-residents, non-US citizens who inherit US-situs assets.

For non-residents, the federal estate tax exemption is significantly lower than for US citizens and domiciliaries.

Currently, only the first USD 60,000 of US-situs assets is exempt, with amounts above that potentially subject to estate tax at rates of up to 40 percent.

This exposure makes estate planning critical for expats who own Florida real estate or substantial US-based investments.

For foreigners, this can lead to unintended outcomes.

Partners who are not legally married, children from prior relationships, or family members recognized under foreign legal systems may be excluded entirely.

Cross-border families may also face delays, documentation hurdles, and higher administrative costs when heirs reside in multiple countries.

Because Florida intestacy law can override personal intentions and foreign inheritance expectations, a Florida-compliant will is often essential for expats who own property or assets in the state.

Can a non-US citizen be an executor in Florida?

A non-US citizen may serve as an executor in Florida, but there are restrictions.

Florida generally allows non-resident executors only if they are closely related to the deceased, such as a spouse, parent, sibling, or child.

If the proposed executor does not meet these criteria, the court may require a Florida resident co-executor or appoint a professional fiduciary.

This rule is particularly relevant for foreigners naming friends or advisors abroad as executors.

Planning around executor eligibility can prevent court delays and administrative complications.

Florida vs Other US States for Foreign Heirs

Florida stands out as particularly foreign-friendly compared with many other US states when it comes to inheritance.

While the core federal estate rules apply nationwide, state-level variations can create significant differences in probate complexity, taxes, and property rights for non-US heirs.

• No state inheritance tax – Unlike states such as New Jersey or Iowa, which impose state-level inheritance taxes, Florida does not tax estates at the state level, making it easier for foreigners to receive their inheritance without additional tax burdens.

• Separate property protection – In Florida, inherited assets are treated as separate property, protecting them from spousal claims in divorce, a feature not uniformly applied across all states. States like California follow community property rules, which can expose inherited assets to division even for foreign heirs married to US residents.

• Probate accessibility – Florida’s probate procedures are relatively straightforward, and non-resident beneficiaries can be represented by local estate trustees. Other states, such as New York or Illinois, often have stricter residency or executor requirements, potentially complicating transfers to foreign heirs.

• Federal estate tax exposure – While federal estate tax applies to all US-situs assets, Florida does not impose additional state estate taxes, unlike states such as Washington or Oregon. This can reduce overall tax exposure for non-resident beneficiaries receiving high-value assets.

• Executor flexibility – Florida allows foreign heirs to serve as executors under certain conditions, which is more flexible than states like New York, where non-resident executors may face stricter approval processes.

In summary, Florida combines zero state inheritance tax, strong protections for separate property, flexible probate access, and reasonable executor rules, making it comparatively simpler and less costly for foreign heirs than many other US jurisdictions.

For foreigners with cross-border family connections, these factors can significantly reduce legal hurdles, delays, and administrative expenses.

Conclusion

Florida’s inheritance framework is generally accessible for expats, but outcomes depend heavily on how assets are structured and whether proper planning is in place.

While the state offers flexibility and no inheritance tax, federal estate tax exposure, probate requirements, and executor restrictions can still create complexity for cross-border families.

For foreigners with Florida assets, clear documentation and Florida-compliant estate planning are often the key to avoiding unintended legal and administrative consequences.

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