If a person dies in the US and owns real estate in a foreign country, does that property fall under the jurisdiction of their state’s probate court?

If the decedent was a dual citizen of the 2 countries, how does this affect the probate of that property?

Asked on September 17, 2012 under Estate Planning, Connecticut


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Most likely the assets of the person who dies in the United States who was a resident of this country in a particular state with a Will need only be probated in the United States with respect to real estate that the decedent owned in a foreign country if the foreign country real estate is listed as an asset in the United States probate proceeding.

The above answer applies IF the foreign country will recognized a valid certfied copy of a United States probate order. If not, then there will need to be a probate in the foreign country as to the real estate located there.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.