Probate for International Estates: Navigating Multiple Jurisdictions

When a Global Life Creates a Complex Estate

For the internationally mobile high-net-worth individual, the accumulation of a life well lived across multiple countries — property in France, a pension in the UK, an investment account in Singapore, bank deposits in Dubai, a family business interest in Cyprus — creates a corresponding complexity when that life ends.

Probate for an international estate is not simply a matter of submitting a form and waiting for a grant. It may involve concurrent legal proceedings in four or five countries simultaneously, each with their own procedures, timescales, costs, and tax implications. Family members may disagree about who should act. Assets may be frozen for months or years while courts resolve jurisdictional disputes. Foreign authorities may not recognise a grant obtained in the home country.

None of this needs to be as difficult as it often becomes, provided the estate has been structured and documented in advance. But even with good advance planning, international estate administration involves genuine complexity. This guide explains how probate works in the main jurisdictions relevant to internationally mobile individuals, how grants of representation are recognised across borders, and how to minimise cost and delay.

All information is as of 2026. Probate law and procedure differ between jurisdictions and change over time — specialist legal advice is essential in each relevant country.

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What Is Probate?

Probate is the legal process by which a deceased person's estate is administered. It involves:

1. Establishing the validity of the will (if one exists) and obtaining a grant of probate from the court
2. Identifying and valuing all assets and liabilities at the date of death
3. Paying all debts and taxes (including IHT, income tax, and foreign taxes) from the estate
4. Distributing the remaining assets to the beneficiaries as directed by the will or intestacy rules

Where no will exists (intestacy), the court appoints an administrator (typically the next-of-kin) and grants letters of administration. The process is similar but the distribution is determined by the applicable intestacy law rather than the deceased's stated wishes.

In English law, probate (or letters of administration) is granted by the Probate Registry — part of His Majesty's Courts and Tribunals Service. The grant authorises the personal representatives (executors named in the will, or administrators appointed by the court) to deal with the deceased's assets.

Without a grant, most institutions (banks, registrars, land registry) will not release or transfer the deceased's assets. The grant is, in effect, the legal key to the estate.

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International Estates: The Core Problem

In a simple domestic estate, a single grant of probate from the jurisdiction of the deceased's domicile is sufficient. For an international estate, the situation is more complex because:

Different countries have different rules about which jurisdiction has primary authority over the estate, and which assets fall within that authority. The most common approach:

• Domicile governs movables (shares, cash, personal property) — the succession law of the country of domicile determines who inherits these assets, and the courts of that country may have primary authority to grant representation
• Situs governs immovables (land and buildings) — the law of the country where the property is situated governs succession to that property, and local probate or administration proceedings may be required in that country

This means that an estate with real estate in France, Spain, and Thailand, movable assets in the UK, and bank accounts in the UAE may require:

• A UK grant of probate (for the UK movables and potentially for worldwide movables)
• A French succession filing (for the French property)
• A Spanish succession procedure (for the Spanish property)
• A Thai estate administration process (for the Thai property)
• UAE court proceedings or bank-specific requirements (for the UAE deposits)

These processes may need to run concurrently, in different languages, with different advisers in each country, subject to different time limits, and at combined costs that can run to tens or hundreds of thousands of pounds for a large international estate.

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Obtaining Probate in England and Wales

The starting point for a UK-domiciled deceased with an English will is the English Probate Registry. The process:

1. Notify the Probate Registry that the deceased has died and that probate is required
2. Submit IHT return (IHT400) to HMRC — this confirms the value of the worldwide estate and calculates any IHT due. IHT must be paid (at least in part) before probate is granted
3. Submit probate application — the PA1 form (PA1P for a will; PA1A for intestacy) together with the original will, the death certificate, and the IHT reference
4. The Probate Registry issues the grant — the grant of probate (where there is a will) or letters of administration (where there is not)

Timescales: HMRC processing of IHT returns takes approximately twelve to sixteen weeks as of 2026. Probate Registry processing thereafter takes a further four to twelve weeks on average. Complex estates or those where assets span multiple countries take longer.

Cost: Probate application fees are charged on a sliding scale based on the estate value. Legal fees for a contested or complex international estate can be substantial.

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Recognition of UK Grants Abroad

A UK grant of probate is a UK court order. Whether it is recognised in foreign countries depends on the law of those countries.

Commonwealth Countries

Many Commonwealth countries — Australia, Canada (most provinces), New Zealand, Singapore, Hong Kong (where applicable), Malta, Cyprus — have statutory frameworks for resealing a UK grant of probate. The personal representatives apply to the local court with a copy of the UK grant, and the local court "reseals" it — effectively endorsing it as valid for local purposes. This is simpler and less expensive than starting fresh proceedings.

Timescales for resealing vary: Singapore and Hong Kong typically take four to twelve weeks; Australian states vary considerably.

EU Member States (Post-Brexit)

Before Brexit, a UK grant of probate was covered by EU mutual recognition frameworks in many respects. Post-Brexit, the UK is no longer within the EU's judicial cooperation framework (Brussels I Regulation, Brussels IV, etc.). UK grants are now "third country" documents for EU member state purposes.

Most EU member states will still recognise a UK grant of probate if it is authenticated (apostilled) and, in some cases, further legalised by the country's own authorities. But the process is slower and more burdensome than before Brexit.

The European Certificate of Succession (ECS) under Brussels IV is available for estates administered within the EU — but the UK cannot issue an ECS. Where an estate has both UK and EU assets, the personal representatives may need to apply for an ECS in the EU member state with primary jurisdiction over the EU estate as a separate step.

USA

US state probate courts have their own requirements. Each state has different rules on whether a foreign grant is recognised or whether an "ancillary" probate proceeding is required in that state. In most cases, a foreign executor will need to register as a "foreign personal representative" or commence ancillary probate proceedings in any US state where the deceased held real estate or significant other assets. A US attorney in each relevant state is typically required.

UAE

UAE courts apply Sharia succession rules to Muslims and, increasingly, civil/national law provisions to non-Muslim expatriates following the 2020 and 2022 reforms. A UK grant of probate is not automatically recognised by UAE banks or authorities. In practice, personal representatives often need to:

• Obtain a certified, apostilled, translated copy of the UK grant
• Present it to the UAE Ministry of Foreign Affairs and International Cooperation for attestation
• Present it (and supporting documents) to the relevant court or authority in the relevant emirate

Individual UAE banks may have their own additional requirements, and the process can take several months. Engaging a UAE-qualified lawyer is strongly recommended.

France

France does not typically require a French "probate" as such — the Civil Code's notarial succession system handles estate administration. The succession of assets in France (including French real estate) is handled by a notaire. For a non-French estate with French assets:

• The notaire establishes which law governs the succession (under Brussels IV, and any nationality election in the will)
• The notaire prepares the acte de notoriété (declaration of heirs) establishing who the heirs are
• The notaire handles the transfer of French assets to the heirs

The notaire will typically accept a UK grant of probate as evidence of the UK legal position but will conduct their own investigation under French (or elected) succession law.

Spain

Spain follows a similar notarial approach. For Spanish property, a Spanish notary typically handles the inheritance deed (escritura de aceptación de herencia). The process requires:

• Apostilled and translated copy of the death certificate
• Apostilled and translated copy of the will
• Evidence of the succession (potentially including a UK grant of probate, apostilled)
• A Spanish tax identification number (NIE) for each heir
• Payment of Spanish succession tax

Spanish succession tax is devolved to the autonomous communities, so the rate varies by region. Some communities (Madrid, Andalucía) have very low effective succession tax; others (Catalonia) are higher.

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The European Certificate of Succession

As noted above, the ECS under Brussels IV is available for EU-connected estates. The ECS can be issued by the competent authority (court or notary) of the member state handling the primary succession. It is recognised across all participating EU member states and allows personal representatives to act without needing separate grants in each country.

For internationally mobile families with assets across multiple EU countries, instructing a notaire or local solicitor in one EU member state to obtain an ECS can significantly streamline administration — even though it requires an additional step at the outset.

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Trusts and Companies as an Alternative to Probate

One of the most powerful arguments for holding assets in trust or through corporate structures during your lifetime is that trust and company assets do not go through probate.

• Trust assets: On the death of the settlor or a life tenant, the trust assets do not form part of the estate. The trustee continues to hold and manage the assets — no probate required, no court involvement, no publication of the assets. The beneficiaries receive their entitlements according to the trust deed and the trustees' discretion. This is particularly valuable for internationally mobile families with assets in multiple countries.

• Joint tenancy: In many common-law jurisdictions, assets held as joint tenants (rather than tenants in common) pass automatically to the surviving joint owner on death — without needing probate for those assets.

• Life insurance with nominated beneficiaries: A policy with a nominated beneficiary pays directly to that person, bypassing the estate and probate.

These are not replacements for a will — a will is still needed for assets that fall outside the trust or company structure — but they can dramatically simplify the probate process for a large proportion of the estate.

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Practical Planning Steps

Before Death

1. Maintain a global asset register — updated regularly, covering every asset in every country
2. Consider trust structures for key asset classes that would otherwise require probate in multiple jurisdictions
3. Register joint ownership where appropriate
4. Ensure beneficiary nominations are current on all pensions, life policies, and retirement accounts
5. Have country-specific wills for any jurisdiction where a local will is practically required
6. Choose executors who are able and willing to deal with an international estate — potentially appointing a professional (solicitor, trust company) for complex multi-jurisdiction estates

After Death

1. Locate all wills (national will registers, the deceased's solicitor)
2. Obtain multiple certified copies of the death certificate — you will need them in every jurisdiction
3. Instruct specialist lawyers in each jurisdiction — do not assume your English solicitor can handle French, Spanish, or UAE matters
4. Prioritise HMRC compliance — IHT is due by the end of the sixth month after the month of death (interest accrues from that point), while the IHT account (IHT400) must be submitted within twelve months of death to avoid penalties; the estate cannot be distributed until all UK tax is paid
5. Freeze or protect assets where necessary — notify banks and institutions in each country to prevent unauthorised access

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How Global Investments Can Help

Global Investments works with internationally mobile families and their advisers — including specialist probate lawyers in each relevant jurisdiction — to ensure estates are structured for administrative efficiency and that the probate process, when it arises, is as streamlined as possible.

We advise on trust structures, beneficial ownership, and holding arrangements that can dramatically reduce the probate burden across multiple jurisdictions. We also maintain comprehensive estate records for our clients, ensuring personal representatives have access to the information they need without delay.

For families who have not yet planned ahead, we can help coordinate the multi-jurisdictional probate process alongside local specialist lawyers.

Contact us to discuss your estate planning and administration arrangements.

This guide is for general information only and does not constitute legal advice. Probate procedure and applicable succession law differ between jurisdictions and change frequently. Always seek specialist legal advice in each relevant country. As of 2026.