Foreign Wills and Estates: Translating Wills, Probate Papers and Inheritance Documents in the US

Russia gives heirs six months from the death to accept an inheritance. Germany gives an heir six weeks to disclaim one, stretched to six months if the heir is abroad. Brazil's procedure code says the estate inventory should be opened within two months.

None of those clocks waits for a US probate court. That is the real risk in a cross-border estate: documents have to be translated, authenticated and filed in the right order, on two calendars at once.

Below: foreign wills in US probate, US assets of people who died abroad, foreign inheritance documents, US letters testamentary overseas, IRS reporting and the translation details registries check.

Can a foreign will be probated in the US?

Yes, if it was validly made. California's rule is typical of the approach many states take.

Probate Code section 6113 treats a written will as validly executed if it complies with California's own formalities, or with "the law at the time of execution of the place where the will is executed," or with the law of the place where the testator was domiciled, had a place of abode or was a national, either when the will was signed or at death.

California has also enacted the Uniform International Wills Act (Probate Code sections 6380 to 6390), which sets out a special form of "international will" executed before an authorized person.

So a will made before a German Notar, a Spanish testamento abierto or a Russian notarized will can all be offered for probate. The court still has to read it, which is where translation comes in.

What translation does a US probate court require?

A complete English translation with the translator's sworn or penalty-of-perjury statement of qualifications and accuracy. New York's CPLR 2101(b) requires "an affidavit by the translator stating his qualifications and that the translation is accurate," and since January 1, 2024, CPLR 2106 has allowed an affirmation in the statutory wording instead of a notarized affidavit.

California's rule 3.1110(g) requires a translation "certified under oath by a qualified interpreter," rule 3.10 applies it to probate cases, and a declaration under penalty of perjury under Code of Civil Procedure 2015.5 counts as "under oath".

A probate translation package usually contains:

• The full will, including attestation clauses, the notary's certificate, register numbers and every stamp
• Any codicils, revocations or amendments
• The foreign death certificate (see our death certificate translation guide)
• Any foreign certificate of inheritance or court grant already issued
• The translator's affidavit, affirmation or declaration in the form the court accepts

Our guide to court translation requirements in the US covers the general rules.

How do you claim US assets of someone who died abroad?

Usually through ancillary administration: a secondary probate in the state where the asset sits, built on the main proceeding in the country where the person lived.

The New York County Surrogate's Court checklist for ancillary letters shows what a court looks for:

1. An authenticated copy of the domiciliary record. For foreign records, the checklist cites CPLR 4542 or an apostille.
2. Translations. Foreign-language documents need an English translation and "an affidavit by the translator stating his or her qualifications and that the translation is accurate."
3. Foreign notarized documents. Documents notarized abroad (Canada excepted) must be legalized by a US consular official or carry an annexed apostille.
4. A foreign law affidavit where no fiduciary was appointed abroad, from an attorney admitted in that jurisdiction, identifying who is entitled to administer the assets there.

That last item matters for civil-law countries. In Russia, for example, heirs usually accept an inheritance by applying to a notary (Civil Code article 1153), so there may be no court-appointed executor for a New York court to recognize. The foreign law affidavit, and its translation, fills that gap.

Which documents prove an inheritance in other countries?

Every legal system proves heirship its own way, and knowing the document's name saves weeks of back and forth with a foreign notary.

The European Certificate of Succession is optional and does not replace national documents, but once issued it takes effect in all participating member states without any special procedure. It applies to deaths on or after August 17, 2015. If the decedent lived in an EU country and owned property in another, one certificate can save a second proceeding.

See our guides to Russian, German and Brazilian Portuguese documents for document-specific notes.

Is there a deadline to claim an inheritance abroad?

Often, yes, and it usually runs from the death.

• Russia: six months to accept (Civil Code article 1154), usually by application to the notary; a mailed application needs a notarized signature (article 1153). After that, only a court can restore the deadline, for a valid reason raised within six months after it ends (article 1155).
• Germany: six weeks to disclaim, extended to six months if the deceased lived only abroad or the heir is abroad when the period starts (BGB section 1944). An heir who lets the period lapse is deemed to have accepted, and becomes liable for the estate's debts (sections 1943 and 1967).
• Brazil: the inventory should be opened within two months of the death and finished within the following twelve, though the judge may extend both (Code of Civil Procedure article 611).

How do I use US letters testamentary in another country?

The usual sequence:

1. Get certified copies of the letters testamentary or letters of administration, and of the will as admitted to probate, from the court clerk.
2. Apostille them. For Hague Apostille Convention countries, the Secretary of State (or equivalent) of the state where the court sits issues the apostille; other countries need consular legalization. Check prerequisites: New York's Department of State, for example, requires notarized documents to be certified by the county clerk first. See our apostille guide.
3. Translate the documents and the apostille. Foreign notaries and registries generally want both.
4. Ask whether a local sworn translator is required. Many civil-law countries expect translations made or certified by a translator sworn or authorized there. Ask the foreign notary before ordering.
5. Prepare a power of attorney if the executor will not travel. It usually needs notarization, an apostille and its own translation. See our power of attorney translation guide.

Do I have to report a foreign inheritance to the IRS?

Yes, if it is large enough. A US person who receives more than $100,000 in a tax year from a nonresident alien or a foreign estate, counting related foreign persons together, must report it on Part IV of Form 3520.

The inheritance itself is generally not subject to income tax, but skipping the form is expensive: 5% of the amount for each month it goes unreported, up to 25%. For calendar-year individuals it is generally due April 15, or October 15 with an extension. Tax advisers often want translated copies of the foreign certificate of inheritance.

Translation details that matter in estate documents

Names. A decedent may be "Sergey" in a Russian will, "Serhii" in a Ukrainian death certificate and "Sergei" on a US brokerage statement. Follow the spelling in the identity document the court or bank already holds, with a translator's note on variants.

Property descriptions. Cadastral numbers, land registry entries and apartment numbers must be copied exactly. One wrong digit in a German Grundbuch reference or a Spanish referencia catastral makes the document useless to the registry.

Legal terms with no US equivalent. A German Pflichtteil is a compulsory share worth half the value of the statutory share (BGB section 2303). A Spanish legítima and a French réserve héréditaire are forced-heirship shares. A good translation keeps the original term in italics with a close rendering, such as "compulsory share (Pflichtteil)", instead of forcing a misleading US term.

Seals and register numbers. Notarial wills carry the notary's seal and the number under which the act was entered in the notary's register. They show where the original is kept, and courts look for them.

Why estate translations get rejected or delayed

• Only the operative clauses were translated. The court needs the attestation and notarial certificate to decide whether the will was validly executed.
• No translator affidavit or proper affirmation. A bare "true and accurate" stamp does not meet CPLR 2101(b).
• Apostille missing or untranslated. A foreign notary will not accept US letters testamentary without authentication.
• Inconsistent names. The will, death certificate and certificate of inheritance spell the decedent differently, and the bank asks why.

Checklist

Questions people ask