Green Card Holder’s Estate in New York: Your Questions

If you are a green card holder living in Dutchess County or anywhere in New York, your estate is handled much like a U.S. citizen’s: your assets pass under your will (or under New York’s intestacy rules if you have none), and the process runs through the local Surrogate’s Court. Your immigration status does not erase your right to own property, write a will, or leave assets to your family. But a few important differences apply — especially around the federal estate tax, a non-citizen surviving spouse, and heirs who live abroad. Below we answer the questions immigrant and mixed-status families ask us most.

Does a green card holder need a will in New York?

Yes — and the rules are the same for you as for any New York resident. To be valid, a will must follow EPTL §3-2.1: the testator signs at the end, two attesting witnesses sign, and the testator publishes the document (declares it to be their will). If you die without a will, New York’s intestacy statute (EPTL Article 4) decides who inherits, regardless of what you would have wanted. For many immigrant families, intestacy creates real problems — assets may pass to relatives in an order that does not match your wishes, and the court process can be slower. You can learn more on our probate overview page.

Will my estate have to pay New York estate tax?

Possibly, depending on size. For 2026, New York’s basic exclusion amount is $7,350,000. New York also has a “cliff”: once an estate exceeds 105% of the exclusion — $7,717,500 — the entire exemption disappears and the whole estate is taxed. Lawful permanent residents who are New York domiciliaries are generally subject to this tax on the same terms as citizens. Careful planning matters most for families near that threshold.

What if my spouse is not a U.S. citizen?

This is the single most overlooked issue for mixed-status couples. Normally, assets passing to a surviving spouse qualify for the unlimited marital deduction — meaning no federal estate tax at the first death. But that deduction does NOT apply when the surviving spouse is not a U.S. citizen. The standard fix is a QDOT (Qualified Domestic Trust), which holds the assets for the non-citizen spouse and defers the tax. If you are married to a non-citizen and have a substantial estate, a QDOT is often essential — and it must be set up correctly while you are alive.

Situation	Marital deduction?	Common tool
Both spouses U.S. citizens	Yes (unlimited)	Standard will or trust
Surviving spouse is a non-citizen	No	QDOT

Can my heirs inherit if they live abroad or are not citizens?

Yes. Foreign heirs and non-citizen beneficiaries can inherit New York property. Non-resident or non-citizen status does not bar inheritance. It does, however, add documentation and tax-withholding steps — proving identity, providing foreign addresses, and handling withholding on certain distributions. These extra steps are administrative, not a barrier. If beneficiaries disagree or someone challenges the will, the matter can become a contested probate, which is worth planning to avoid.

How can I keep my family out of probate?

A few planning tools help:

• Revocable living trust (EPTL Article 7): avoids probate, though it offers no estate-tax savings.
• Irrevocable trust: used for tax reduction, asset protection, and Medicaid planning — but note the 5-year look-back for Medicaid eligibility.
• Special needs trust (EPTL 7-1.12): preserves benefits for a disabled beneficiary.
• Power of attorney (GOL §5-1513) and health care proxy (Public Health Law Article 29-C): these protect you while you are alive, not after death, but every adult should have them.

For very small estates, a full court proceeding may not even be needed — see our small estate affidavit guide.

Where does immigration law fit in?

Here is the honest part: estate planning and immigration are two separate practice areas. Estate and probate matters are governed by New York state law and handled in the Surrogate’s Court. Immigration is governed entirely by federal law (USCIS) — which means an immigration attorney can represent a family in any U.S. state, including New York clients. We do not give immigration advice, predict approvals, or quote government fees, because that is not our field.

If your situation also involves green card renewals, naturalization, sponsoring a relative, or status questions, the right move is to work with a dedicated immigration firm. For that side, we routinely refer families to immigration counsel in Florida (Fitenko Law), who handle U.S. immigration matters nationwide and serve Russian- and Ukrainian-speaking families. Our firm focuses on the New York estate and probate side — use the right specialist for each, and your family is fully protected.

Frequently Asked Questions

Does being a green card holder change how my will is executed?
No. The same EPTL §3-2.1 requirements apply: signature at the end, two witnesses, and publication.

Can the government take my estate because I’m not a citizen?
No. Non-citizen status does not forfeit your assets. Your estate passes under your will or New York intestacy law like anyone else’s.

Do I need both an estate attorney and an immigration attorney?
Often, yes — they handle different bodies of law. A New York estate attorney handles probate and planning; an immigration attorney handles federal status matters.

Is a QDOT only for wealthy families?
It matters most when a non-citizen spouse would otherwise face estate tax on a large estate. An attorney can tell you whether your estate is near the New York exclusion or cliff.

Next Steps

For the New York estate and probate side — wills, trusts, QDOT planning, and Surrogate’s Court matters — Morgan Legal Group can help. Start with our probate overview or schedule a consultation.

For the federal immigration side, consult the immigration counsel referenced above. Two specialists, one well-protected family.