The death of a loved one is tragic and heartbreaking, but when a death occurs in another country, the uncertainty of how to handle your loved one’s death is overwhelming at minimum. In addition to the emotional toll you experience, the practicalities of navigating foreign laws, customs, and the inevitable red tape are daunting. Understanding the essential steps and resources available can help reduce the stress caused by the loss of your loved one in a foreign country. At Heights Law Group, we’re here to help guide you through this difficult process when someone you love passes away. The attorneys at Heights Law Group are licensed to practice law only in the state of Texas, but we’d like to offer a few tips and some guidance to assist you when faced with a death abroad.
What happens when someone dies abroad?
If your loved one dies while abroad, you must be cognizant of the laws in the country where the death occurred. For those who die while visiting their foreign family members, the family members are usually the first to notify you when a death in the family occurs. The family abroad is a vital link between you and the foreign country. They will often assist with the local authorities, act as translator, serve as a liaison between you and the local government, and be a primary contact in general, but whether a loved one dies while visiting family, while visiting a foreign country for another reason, or maintaining a residence in the foreign country, the U.S. Embassy or Consulate is the key organization you will work with to handle legal paperwork. Without a family connection, it is often the foreign authorities or local hospital who notifies the U.S. Embassy or Consulate when a U.S. Citizen dies abroad. The U.S. Consulate or Embassy will then attempt to locate and notify the family of the deceased U.S. citizen.
When a U.S. Citizen dies in a foreign country, the laws of the United States and the laws of the foreign country must be followed. The U.S. Embassy or Consulate in the country of death can act as the primary point of contact between you and local authorities, and can coordinate information necessary to contact the decedent’s family or legal representative. The U.S. Embassy or Consulate can also provide information on dealing with the deceased person’s remains, specifically regarding conducting a local burial (in the country where the death occurred) or returning the decedent’s remains back to the United States and to their family. The latter option will require specific documentation such as a consular mortuary certificate, a local death certificate, an affidavit from a local funeral director, and/or a transit permit. Look to the U.S. Embassy or Consulate to assist with these forms.
Local municipalities will issue a foreign death certificate, which the U.S. Embassy or Consulate will use to create a Consular Report of Death Abroad (CRODA). The CRODA will be given to the deceased person’s next of kin or legal representative, and may be used in Texas as part of the probate process. A foreign death certificate may need to be translated from the country’s official language if not in English prior to being used in a probate proceeding.
After the CRODA is obtained, it is important to determine if the decedent left behind a will or trust. It will also be necessary to research the existence of any foreign assets the decedent may have held, as these may be subject to the jurisdiction of that country. Having a firm grasp of all assets owned by the decedent at the date of death in the United States and in the foreign country will assist your attorney in determining the course of action in probating the decedent’s estate. Your attorney in Texas can assist you in determining whether a probate proceeding is necessary in Texas and, if assets are held outside of Texas, your attorney will advise you to obtain counsel in the foreign jurisdiction. It is important to keep in mind that the foreign jurisdiction might have inheritance and estate taxes as well.
Estate planning for moving abroad
If you are considering settling down in a foreign country, or maintaining a residence in the U.S. and in a foreign country, it is imperative to consider how different laws will impact your assets and plan accordingly. Obtain counsel in the foreign country and in the United States. Disposition of your assets will likely be governed under the laws of different jurisdictions, especially when dealing with real estate owned in a foreign country. In addition to foreign real estate, bank accounts may also be subject to the laws of different jurisdictions, depending on when and where the accounts were established. Simply put, different countries have different laws for dealing with assets owned at death.
Here at Heights Law Group, we can add language to your Will and/or trust that will assist in preventing accidental revocation of a foreign instrument and vice versa. It’s also important to keep in mind that even if you have your estate planning documents prepared in Texas, which may include your financial and medical powers of attorney, those documents may not be operable or valid in a foreign country. If you reside, even part-time, in a jurisdiction other than Texas, consider hiring an attorney in that country to draft an estate plan that is appropriate for the laws in that country. Doing so will help minimize any conflicts you may experience while living and perhaps dying abroad.
If you are a Texas resident looking to move abroad and you intend to maintain assets in the State of Texas, Heights Law Group is available to assist you with these matters and help you update your estate plan accordingly.
