International probate refers to managing a deceased person’s estate when assets are held in more than one country. Because every country has its own set of rules, legal systems, and hoops to jump through, it can feel like you’re trying to solve a puzzle where the pieces don’t quite fit. To help you make sense of it all, we’ve put together this guide to cover the essentials of what you need to know when probate goes global.
Assess all Assets
The first thing you need to do is play detective. You’ll need to map out exactly what was owned and where each asset is physically located. From there, it usually comes down to whether or not there’s a will. If a will exists, it’s your roadmap for who gets what, but here’s the kicker: just because a will is valid in the UK doesn’t mean it will be automatically accepted in, say, France or Spain. If there isn’t a will, or if a specific country decides the existing one doesn’t meet its local legal requirements, the local laws of that country take over. At that point, the Rules of Intestacy decide how that specific portion of the estate is handed out.
Probate
Once the assets and relevant laws have been identified, the next step is to apply for probate in each country. The process often involves submitting an application to the court along with the death certificate, details of the will (if any), and information about the estate’s assets. The exact process may differ from country to country. In some Commonwealth jurisdictions, a probate reseal may be possible instead of making a completely new application.
For UK-based estates, you can review the official probate application guidance online.
Distribution of Assets
Once probate has been approved in each country, the estate’s executor can begin distributing the assets to the beneficiaries. This process might be complicated by the need to transfer assets between countries and comply with different tax regulations. You may also need to review official Inheritance Tax guidance where UK assets are involved.
Even though international probate can be difficult, it’s important to remember that professionals can help you. A solicitor experienced in international probate can help you file the necessary paperwork, obtain probate in each country, and provide you with legal and procedural advice.
Additional Things to Think About
Here are some other things to think about when it comes to overseas probate:
- The number of countries involved, the complexity of the assets, and the fees assessed by solicitors and other experts can all affect the cost of international probate.
- Depending on the circumstances, the international probate process could take many months or even years.
- The will or administration of the estate may be contested.
If you are dealing with international probate, it is important to seek legal advice as early as possible. With the help of a professional, you may better understand your options and develop a successful estate administration plan.
International probate can be complex, but the right guidance makes a significant difference. For expert support, contact UK Probate Reseals on 020 8150 2010.
