Probate for Foreign Property: Dealing with Multiple Jurisdictions

The death of an internationally mobile individual with property in several countries does not result in a single tidy probate process. It results in several simultaneous legal processes — each governed by local rules, conducted in the local language, subject to local taxes and timescales, and requiring local professional support. Without careful advance planning, what should be a straightforward administration of an estate can take years, cost tens of thousands in professional fees, and leave beneficiaries unable to access assets for extended periods.

This guide explains how probate for foreign property works, what the key processes are in different jurisdictions, and what internationally mobile families can do both before and after death to manage the process efficiently.

What Is Probate?

Probate is the legal process by which the validity of a will is confirmed and an executor's authority to administer the deceased's estate is officially recognised. The grant of probate (or, in the absence of a will, letters of administration) gives the executor legal authority to deal with the deceased's assets.

In England and Wales, probate is granted by the Probate Registry, a division of the courts. The grant is typically required before banks, investment platforms, land registries, and other institutions will release assets or transfer title.

In most other countries, an equivalent process exists — though it may be called something different and operate quite differently:

• France: succession is administered through a notaire (notary), who is legally required to be involved in the transfer of real estate. The notaire prepares an acte de notoriété confirming the heirs.
• Spain: real estate succession requires a Spanish notarial deed (escritura). A Spanish grant of probate (auto de declaración de herederos) may be needed if no valid Spanish will exists.
• UAE: succession to assets in the UAE requires registration in the UAE courts. Both the DIFC and Abu Dhabi courts have specialist estate administration services.
• Cyprus: the Cyprus District Court grants letters of administration. If a foreign grant exists, it can often be resealed in Cyprus.
• Thailand: succession involves Thai civil court proceedings, which can be slow without advance planning.

The Challenge of Multiple Jurisdictions

Parallel Processes

When a person dies with property in, say, the UK, France, and Cyprus, three separate sets of proceedings are required. These can (and ideally should) run in parallel, but in practice often run sequentially because each jurisdiction's process requires documentation from the others — for example, a French notaire may want to see the UK grant of probate before finalising the French succession.

Different Documents Required

Each jurisdiction will require its own set of documents: death certificate (possibly with official translation and apostille), will (with translation and apostille), identification of heirs (passports, birth certificates, marriage certificates), evidence of assets (bank statements, land registry extracts), and tax clearance certificates. Gathering these for multiple jurisdictions simultaneously is logistically demanding.

Local Legal Advice Needed Everywhere

A UK solicitor can manage the UK probate process. They cannot manage a French, Spanish, or UAE succession without qualified local support. This means engaging professional advisers in each country simultaneously, and coordinating between them.

Different Timescales

UK probate currently takes around eight to sixteen weeks for a straightforward estate, though more complex cases take longer. French succession can take six to eighteen months. UAE succession proceedings, if contested or unplanned, can take years. Thai proceedings are often slow and opaque.

Currency Issues

Assets must typically be valued in local currency for local succession purposes, then converted when distributed to beneficiaries. Exchange rate movements during a prolonged administration period can affect the real value of distributions.

The Resealing Option

Some countries allow a foreign grant of probate to be "resealed" — recognised locally without a fresh grant of administration. Countries that allow resealing include:

• Cyprus: recognises and reseals English and Welsh grants of probate.
• Australia and New Zealand: can reseal UK grants under their respective legislation.
• Some Caribbean jurisdictions: common law heritage allows resealing.

Resealing is faster and cheaper than obtaining a fresh grant in the foreign jurisdiction. It is particularly useful for small or straightforward foreign estates where the effort of a full local probate is disproportionate.

However, resealing is not universal. France, Spain, Germany, and most civil law countries do not have a resealing procedure — they require their own legal process regardless of any foreign grant.

The Apostille: Authenticating Documents Abroad

An apostille is an official certificate that authenticates a public document (such as a grant of probate, a birth certificate, or a will) for use in another country that is a signatory to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961). The UK Foreign, Commonwealth & Development Office issues apostilles on UK documents.

For most European countries and many others, an apostille on a UK grant of probate and will is sufficient to authenticate the documents for use in the foreign jurisdiction. For countries that are not Hague Convention signatories, a more complex legalisation process through the foreign country's embassy may be required.

Documents should also be translated into the local language by a certified translator. The combination of apostille and certified translation is the standard package required by most foreign institutions and notaires.

Country-Specific Processes

France

All real estate in France must pass through a French notaire. The notaire is legally appointed and cannot be substituted with a foreign solicitor. The key steps are:

1. Instructing a French notaire (or working with one from the network of international estate specialists).
2. Providing the death certificate, will (apostilled and translated), and proof of kinship.
3. The notaire preparing an acte de notoriété identifying the heirs.
4. The notaire preparing the acte de partage or acte de succession for real estate transfers.
5. Payment of French succession taxes (droits de succession).
6. Registration at the French land registry (cadastre and bureau des hypothèques).

French succession taxes are generally payable within six months of death (or twelve months if the death occurred outside France). Delays in gathering documentation do not extend this deadline — interest accrues on unpaid tax.

Spain

Spanish real estate succession requires:

1. Obtaining a Spanish NIE number for the heirs if they do not have one.
2. A Spanish notarial deed (escritura de adjudicación de herencia) executed before a Spanish notary, based on either the Spanish will or a certified translation of the foreign will.
3. Payment of Spanish inheritance tax (impuesto sobre sucesiones y donaciones) — rates vary significantly by autonomous community.
4. Registration of the new ownership at the Spanish property registry.

Where no Spanish will exists, a Certificate of Succession from the European Certificate of Succession (issued under Brussels IV) can substitute for a Spanish court declaration of heirs — though post-Brexit this route is only available to EU citizens.

UK nationals without a Spanish will should obtain one, drafted by a Spanish notary or a Spanish-qualified lawyer, covering Spanish assets specifically.

UAE

Succession in the UAE is governed by UAE civil law for UAE-registered assets. Sharia law principles may apply in some contexts, particularly for Muslim nationals. The DIFC Courts and the ADGM courts in Abu Dhabi have specialist probate divisions offering an alternative process for assets held within those jurisdictions (including accounts held at DIFC-registered banks).

Key steps:

1. Registering the death in the UAE (Emirates ID authority, local civil court).
2. Filing a petition in the relevant UAE court.
3. Proving the will (if any) and its compliance with UAE requirements for foreign wills.
4. Court appointment of an administrator.
5. Transfer of assets to beneficiaries.

UK nationals with UAE assets are strongly advised to have a UAE will registered with the DIFC Wills Service (for non-Muslims) or the Abu Dhabi Judicial Department. A registered UAE will significantly streamlines the probate process for UAE-situated assets.

Cyprus

Cyprus operates a civil law–influenced probate system, but as a common law jurisdiction (inherited from British colonial administration), it is more familiar to UK practitioners than most EU systems. UK grants of probate can be resealed in Cyprus, though new local proceedings may still be required for property registered solely in the deceased's name.

Cyprus has no inheritance tax, which significantly simplifies the tax dimension. The main challenge is the procedural steps and the involvement of the Cyprus Land and Surveys Department for property transfers.

Thailand

Succession to assets in Thailand — particularly property (though foreigners face restrictions on land ownership) and bank accounts — requires Thai court proceedings. The process can take one to three years for uncontested estates and longer if contested. A local Thai lawyer is essential.

Foreign wills are recognised in Thailand if they comply with the formal requirements of the jurisdiction where they were made, or where the testator was domiciled. However, a Thai will specifically covering Thai assets can significantly reduce delay.

Planning Before Death: How to Make Probate Manageable

Hold Foreign Assets in the Right Structure

Consider whether foreign property should be held personally or through a corporate structure (local holding company or offshore structure). Succession to shares in a company may be faster and simpler than succession to real estate directly, depending on the jurisdiction. Seek local legal and tax advice on the appropriate structure before purchase.

Maintain a Document Registry

Keep a master list of all assets, their locations, account numbers, and the professional advisers responsible for each. Update it regularly and ensure the executor knows where to find it. A box of unorganised financial statements from three different banks in four countries is a significant burden on grieving executors.

Create Local Wills for Each Significant Jurisdiction

As discussed in the article on international wills, a local will in each jurisdiction where significant assets are held dramatically simplifies local probate. The wills must be coordinated with each other and with the UK will to avoid revocation conflicts.

Pre-Fund the Estate

Probate costs, succession taxes, and professional fees must typically be paid before assets are released. Ensure there is sufficient liquid cash — in each relevant jurisdiction — to fund the administration process without waiting for non-liquid assets to be released.

Register Wills Where Possible

Many jurisdictions offer will registration services. A UAE will registered with the DIFC Wills Service, a Spanish will lodged with the Spanish notarial registry, or a UK will registered with a commercial will registration service ensures the will can be located promptly on death.

How Global Investments Can Help

At Global Investments, we help internationally mobile clients plan their estate administration as carefully as their investment portfolio. We work with specialist lawyers in all of our primary markets to ensure that the probate process for foreign assets is as straightforward as possible.

We help clients to:

• Map assets across all jurisdictions and identify where local will and probate preparation is needed.
• Coordinate the creation of local wills in each relevant country.
• Advise on asset structures that simplify succession (holding companies, joint ownership arrangements, trust structures).
• Ensure executors are briefed on the international dimension of the estate.
• Coordinate international professional advisers during the estate administration process.

The administration of an international estate is always more complex than a domestic one. The difference between a well-planned international estate and an unplanned one can be measured in years of delay and tens of thousands of pounds in avoidable costs. All information in this guide reflects the position as of 2026; procedures and timescales change and vary by jurisdiction. Please seek professional legal advice in each relevant country.