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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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