Cross-Border Estate Planning Challenges for Travelers

Travelers who own property or hold assets in both the United States and Canada face legal complications when drafting a will. Each country applies its own probate rules, meaning a single will may not be recognized in both jurisdictions. Real‑estate is governed by the location (situs) of the property, so a cabin in Ontario follows Ontario law even if the owner lives in Florida. When a will written in one country conflicts with another, probate can be delayed while courts in each nation resolve the dispute. The process often requires a primary probate in the decedent’s residence and an ancillary probate where foreign assets are situated, each with its own fees and timelines. Early review and coordination of estate documents can reduce or eliminate the need for multiple probates.