In today’s globalized world, it’s increasingly common for individuals to own property, investments, and financial accounts across multiple countries. But when someone passes away while holding assets in more than one jurisdiction, things can get complicated—especially in terms of international probate and estate distribution.
If you or your loved ones have cross-border assets, it’s crucial to understand how international estate laws and probate processes affect those holdings. This guide explores everything you need to know, including primary probate, ancillary probate, and how to plan ahead to protect your heirs.
When a person dies, the primary probate process—also known as domiciliary probate—takes place in the country where the deceased was legally residing at the time of death. This process verifies the will and authorizes an executor to manage and distribute the deceased’s assets located in that country.
But what happens when the deceased owned assets abroad, such as:
Real estate in the U.S.
Investment accounts with American financial institutions
Bank accounts in another country
In these cases, the local court (e.g., in Israel) typically has no authority to distribute foreign assets, especially when it comes to U.S. real estate. That’s where ancillary probate comes into play.
Ancillary probate is a secondary legal process required when the deceased owned property or accounts in another jurisdiction—typically a different country or a different U.S. state from where they died.
If someone died while living in Israel but owned a home in Florida or an investment account with Fidelity or Citibank in New York, their beneficiaries would likely need to initiate ancillary probate in the United States.
To begin this process, U.S. courts often require:
A certified copy of the will
The probate court order from the home country appointing the executor
Official translations and notarizations of legal documents
Once the court accepts these documents, the executor gains legal authority to manage and transfer U.S.-based assets to the rightful heirs.
Whether ancillary probate is needed depends on the type of asset:
If the foreign asset is real property, such as a house, apartment, or condo in the U.S., ancillary probate is almost always required. U.S. states typically do not transfer ownership of real estate based on a foreign probate order alone.
When it comes to financial accounts, such as those held with Fidelity, Citibank, or other U.S. institutions, the process can vary.
While some institutions might accept a foreign court order (if properly translated and certified), many still require:
IRS tax clearance confirming no outstanding U.S. tax liabilities
U.S. court orders confirming the legal entitlement of heirs
This process may take months, involve legal fees, and result in delays in asset distribution.
While not always avoidable, there are strategies to reduce the likelihood or burden of ancillary probate for your heirs:
Assets titled jointly with another person and a right of survivorship clause will automatically transfer to the surviving co-owner, bypassing probate.
Certain U.S. assets—such as brokerage accounts or real estate in TOD-eligible states—can include beneficiary designations that allow them to pass directly upon death, without probate.
⚠️ Note: Even with JTWROS or TOD designations, many institutions still require official probate documents, IRS clearance, and sometimes even U.S. court approval before releasing funds.
If someone living in Israel dies while owning assets in the United States, their heirs may face a complex legal and administrative process, including:
Ancillary probate for U.S. real estate
Probate documentation and IRS tax clearance for investment accounts
Delays, costs, and legal complexity that can stretch over months
Consult an international estate planning attorney to ensure your estate is protected and your heirs won’t face avoidable hurdles. With proper planning, you can save time, money, and emotional stress for your loved ones.
