Managing Foreign Assets in Probate

If you own property, investments, or other assets in more than one country, planning for what happens after you die becomes more complex. An estate that includes assets in different jurisdictions is usually called a cross-border estate, and it presents unique probate challenges that aren’t part of a standard domestic estate plan. Understanding how different countries administer estates after death is essential to making sure your loved ones can access your assets with as little delay and expense as possible.

A cross-border estate exists when you have assets located in more than one country. For example, you might live in the United States, own a vacation home in Europe, and hold a bank account in Asia. Because each of these places has its own legal and probate system, handling your estate after your death often involves coordinating multiple legal processes. These can differ significantly from one jurisdiction to another.

Some people assume there is a global probate system that makes transferring estates across borders simple. Unfortunately, no such international probate system exists. Probate laws are country-specific, and each jurisdiction applies its own rules for administering estates, validating wills, designating heirs, and settling debts. That means an estate with assets in multiple countries could face separate probate proceedings in each of those places.

Because of this, planning ahead is critical. The first step in an international probate case is often determining which country’s laws will govern certain parts of the estate. There are three main factors that typically influence this:

• Decedent’s domicile. A person’s domicile plays a central role in probate. Domicile is not the same as citizenship; it’s where the person lived long-term and intended to remain indefinitely. Courts often use domicile to decide how to treat assets that are considered “moveable,” such as bank accounts or securities.
• Existence of a valid estate plan. A will or trust can provide instructions on how assets should be distributed and who should serve as fiduciaries like executors or trustees. If a will exists, it must often be located and authenticated. Trust-owned assets may avoid local probate entirely, depending on how the trust is structured.
• Moveable vs. immovable assets. Some assets are considered moveable because they can be transferred across borders. An example would be funds in an international brokerage account. Others, like real estate, are immovable and must typically be probated under the laws of the country where the property is located.

Executors often need to work with local consulates, gather certified documents, and sometimes appoint a U.S.-based agent or attorney to handle filings and court appearances on their behalf. Probate jurisdiction usually depends on the decedent’s last residence or where significant assets are located.

Seek Legal Help

Having assets in foreign countries can add multiple layers of complexity to the probate process. Executors may not understand the processes and all that is involved.

Get the help you need from Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. We will be there for you when skilled legal representation is essential to protect your rights and interests. Fill out the online form or call 954-764-4330 to schedule a consultation.