A company doesn't inherit itself: what happens to your LLC if you're gone tomorrow
Uncomfortable question: if you're gone tomorrow, can your family touch the company? For most LLC owners living outside the US, the honest answer is no — the account freezes and the membership interest enters a maze between two countries. The good news: putting it in order costs little. Ignoring it costs a fortune.
🌐 También en español: Una empresa no se hereda sola
The problem nobody wants to look at
An LLC isn't inherited like a house. If the owner is gone and left nothing in writing, the membership interest enters probate — and when the owner lived in one country and the company sits in another, that process can involve two jurisdictions, translations, apostilles and months of waiting. Meanwhile: the bank account frozen, payments cut off, and a family that holds the company's name and nothing else.
The 7-question diagnostic
1 · Does your Operating Agreement say what happens if you're gone? It's the document in charge: it can set who succeeds, how the interest is valued, and whether heirs become members or get paid out. The generic template says nothing about this.
2 · Can anyone else operate the account TODAY? An authorized user or second signer prevents total freeze. Without one, the bank blocks on learning of the death and releases only with probate orders.
3 · Does your family know WHAT exists and WHERE? State, registered agent, EIN, bank, accountant, email access. A one-page inventory beats any sophisticated structure nobody knows about.
4 · Do you know the US taxes non-resident estates? Just USD 60,000 of exemption on US assets, rates up to 40%. If your LLC or properties exceed that, this deserves serious planning.
5 · Heirs in one country, company in another: who files what? Your local probate doesn't move US registries by itself: translated, apostilled documentation is needed for the state and the bank to recognize the successor.
6 · Does your structure help or complicate? Multi-member with continuity clauses, holding companies, trusts: each path has costs and tax consequences in both countries. Chosen with analysis, not fashion.
7 · When did you last review any of this? Simple rule: every major life event (marriage, children, divorce, sale) or every 3 years, whichever comes first.
The bare minimum, today
If you do only one thing after reading this: write the one-page inventory (what exists, where, access) and tell ONE trusted person where it is. It's free, takes 20 minutes, and it's the difference between a procedure and a drama.
Important notice: succession touches your country's family and probate law, your LLC state's corporate law, and taxes on both sides. Concrete decisions require professional advice — this article's job is getting you to that conversation knowing what to ask.
📄 Take this with you as a PDF
This article is also a free printable guide: The US estate tax for non-residents.
Your specific case?
Everything above is the general rule — real cases live in the details. In a 15-minute consultation (USD 29, credited toward any service) we review your situation and you leave with a concrete next step: book here →