Noncitizens Can Inherit Property

Citizenship Does Not Determine Inheritance Rights

In a state with deep ties to families that span borders, this is an important protection. The law is clear: no person is excluded from inheriting because of their citizenship or immigration status.

This applies broadly. It protects not only the heir, but also anyone whose claim to an inheritance passes through a noncitizen relative. If your grandparent was not a U.S. citizen, that fact alone cannot prevent you from inheriting through them.

Why This Matters for Families

Many families include members who hold different citizenship statuses. Without this statute, inheritance rights could be disrupted based on nationality rather than family connection. The law makes sure the intestate succession rules apply based on family relationships alone.

This statute reflects a longstanding principle in American law. Inheritance follows family, not nationality. Whether an heir lives in the same state, another state, or another country, their right to inherit under intestacy is the same.

Practical Steps for Cross-Border Families

While citizenship does not affect the right to inherit, there may be practical concerns when an heir lives outside the United States. Tax treaties, foreign reporting requirements, and asset transfer logistics can add complexity. Families should keep updated records of where heirs live and how to reach them.

If an heir lives abroad, transferring real property or financial accounts may involve extra steps. Understanding these steps early helps avoid delays during estate settlement.

For families with members in multiple countries, having a clear estate plan reduces confusion. It also makes sure the right people know what to expect and where to find important documents.