Can I use the foreign probate papers in New York?

Often they are part of the New York file, not a substitute for it. If the will was admitted to probate or otherwise established in your parent's domicile, New York may allow ancillary probate limited to New York property (SCPA 1602), usually after authentication and translation. Whether that fits depends on domicile and on what the foreign court actually did.

Should we transfer the apartment quickly?

Generally, no. Keep it insured and secure, and tell the building who the family contact is. A sale or a transfer of shares usually waits for New York letters and, in a cooperative, for board review. Rushing the transfer often creates a second problem.

Parent Died Abroad With New York Assets

Q: Who can serve if everyone lives abroad?

SCPA 707 sets out who is eligible to receive letters. A U.S. citizen who lives abroad may often serve. A noncitizen not domiciled in New York is generally ineligible. The court may, in its discretion, allow a foreign guardian to serve in the limited situation under SCPA 1716(4), or allow that person to serve together with co-fiduciaries of whom at least one lives in New York (SCPA 707(1)(c)). If no New York resident can serve with that person, the court generally cannot appoint the noncitizen alone, unless the foreign-guardian exception under SCPA 1716(4) applies. The court may also consider a bond.

The first weeks are for protecting people and papers, not for moving money. If your parent left an apartment, an account, or other property in New York, a New York court often has a role even when the death and the main proceeding are abroad. This is a short action list for that stretch of time. It is general information, not legal advice. The longer walk-through is foreign estate new york assets process.

Proof of death

The New York court will generally want official proof that your parent died. That is often a death certificate from the place of death. If your parent was a United States citizen, a consular report of death may also exist, and banks sometimes ask for it. A foreign certificate often needs an apostille under the Hague Apostille Convention, or another form of authentication, plus a certified English translation. How to prepare those papers is covered in foreign documents translations apostilles new york.

Find every will, not just one

Look for a will where your parent lived and for any New York will. People with ties to more than one place often sign more than one document. Also look for trusts, beneficiary forms, and deeds. Do not assume the newest foreign will revoked the New York one, or the reverse. A revocation clause may do that, and it may not, depending on the words and the facts. Keep originals safe.

Ancillary or original New York case

If your parent was domiciled abroad and the will has been admitted to probate or otherwise established in that domicile, New York may allow ancillary probate limited to the New York property (SCPA 1602). If the will was already probated in the domicile, a separate original probate in New York is generally available only in limited situations (SCPA 1605). If there was no will, or no proceeding abroad, or if your parent was domiciled in New York, a different New York proceeding may be the right file. Domicile is a fact question. See foreign estate new york assets process and new york probate guide.

Who may serve, and what not to move

Letters from a foreign court do not, by themselves, let someone sell New York real estate or empty a New York account. Who may receive New York letters is governed by SCPA 707. A noncitizen not domiciled in New York is generally not eligible. The court may, in its discretion, allow a foreign guardian to serve in the limited situation under SCPA 1716(4), or allow that person to serve together with co-fiduciaries of whom at least one is a New York resident (SCPA 707(1)(c)). A bond may also come up, depending on the facts, though in some ancillary cases it may be waived (SCPA 1608(3)). Until letters issue, do not transfer estate funds, retitle estate property, or distribute estate assets. An asset with a surviving joint owner or a beneficiary form may follow different rules, so ask the bank and counsel before anything moves. Banks often freeze the account once they learn of the death.

Heirs and the first call

Make a list of heirs you know, including anyone abroad, and do not promise who inherits until the will and New York law are both checked. Forced shares in some countries may affect property there. They do not automatically control New York property. If your parent was not domiciled in New York, the will may in some cases elect New York law for property situated in New York (EPTL 3-5.1(h)). Collect identification, addresses, and marriage or birth records, with translations where needed. For a Free Consultation, call (212) 518-3868 or use free consultation. We coordinate with counsel abroad and with your tax adviser.

The first 30 to 60 days

Use this order unless a court or a bank has already set a deadline. Nothing here replaces advice on your parent's own facts.

Get several copies of the death recordOrder the local death certificate, and ask whether a consular report exists if your parent was a United States citizen. You will often need more than one certified copy.
Secure the New York homeLock the apartment, keep insurance in force, and collect mail. Securing property is appropriate. Giving away furniture or money is not, until a court authorizes it.
Tell the bank, then stopNotify the New York bank of the death so the account can be protected. Do not withdraw funds to hold them in another relative's name.
Search for every will and title paperSearch the home abroad, any New York apartment, and safe-deposit records. Look for a New York will, a foreign will, deeds, share certificates, and beneficiary forms.
Ask which court goes firstIn many cases the domicile court proceeds first, and New York follows with an ancillary file under SCPA Article 16. Confirm that sequence before anyone files. See foreign estate new york assets process.
Line up translations and apostillesForeign certificates, wills, and orders often need an apostille under the Hague Apostille Convention and a certified English translation. Start early. Details are in foreign documents translations apostilles new york.
Call before you sign anythingA Free Consultation can help you sort an original case from an ancillary one, and who may serve under SCPA 707. Call (212) 518-3868 or see free consultation.
The one most people forget Paying a New York bill from the accountFamilies sometimes use the decedent's account to pay the building or a lender, with good intentions. That transfer can still be a problem before letters issue. Ask the bank and counsel before any payment moves.

Country notes: questions to raise in a consultation

Which other country is in the picture often changes the plan. These are questions to bring to a Free Consultation, not answers for every family. Schwartsman Law Group practices New York law only. Where another country's law may matter, we coordinate with counsel abroad. Call (212) 518-3868.

Is there a U.S. estate or gift tax treaty? Most countries have none. As of the IRS list reviewed on November 8, 2026, the United States has estate and/or gift tax treaty provisions with Australia, Austria, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, the Netherlands, South Africa, Switzerland, and the United Kingdom. Canada's estate provisions sit in Article XXIX B of the U.S.–Canada income tax treaty. Each treaty works differently. Check the current IRS estate and gift tax treaties page before relying on any country.
Does a document need an apostille or consular legalization? That depends on whether both the country that issued the paper and the country that will use it are parties to the Hague Apostille Convention, with the Convention in force between them and without a relevant objection. Membership alone is not enough. Check the HCCH status table for the Apostille Convention. An apostille authenticates the origin, signature, capacity, and seal of a public document. It does not prove the contents are true, that the document is valid under local law, or that a New York court or clerk will accept it.
Does the other country reserve fixed shares for family (forced heirship) or treat trusts differently? Many civil-law countries do. For property situated in New York, a will made by someone not domiciled in New York may, in some cases, elect New York law under EPTL 3-5.1(h). New York's highest court has applied such an election to reject a foreign forced-heirship claim to New York assets (Matter of Renard, 56 NY2d 973 (1982)). Results depend on the facts, and the election does not control property abroad. Foreign counsel should review the home-country side.
Will an heir or beneficiary living abroad receive a New York share without court conditions? Under SCPA 2218, if a noncitizen beneficiary lives in a country to which U.S. government checks cannot be sent under federal rules, the court directs that the share be paid into court until a later court order. The court may also do so in some other cases, such as where a beneficiary would not have the benefit, use, or control of the money, or where a foreign country's laws effectively deny New York residents that benefit. Where it appears a noncitizen beneficiary may not have the benefit, use, or control of the share, that person generally has the burden of showing that they will. These questions turn on facts, not on nationality alone. The U.S. Supreme Court held an Oregon reciprocity statute unconstitutional as applied, because probing foreign regimes intruded on the federal foreign-affairs power (Zschernig v. Miller, 389 U.S. 429 (1968)).

My Parent Died Abroad With New York Assets