Dealing With Probate When a UK Resident Passes Away in the USA August 2025

In certain situations, probate can be a highly complex legal process. This is especially likely to be the case if the person who has died has left behind assets in multiple legal jurisdictions. This is typically known as a cross-border inheritance matter, and it can result in a difficult and long-winded administration process.

When a UK citizen dies in the USA, this can create a complicated situation for their family members or friends to untangle. However, there is a key difference between a UK citizen passing away whilst visiting the USA and a UK citizen passing away whilst living in and/or owning assets in the USA.

If a UK citizen dies in America while on holiday – and they do not own any assets there – this would not count as a cross-border probate matter. It could still be a difficult situation involving repatriation, but the individual’s estate would be administered wholly in the UK, not the US.

Conversely, if a UK citizen passed away in the USA and they did own assets there – such as property, bank accounts, investments or other valuables – it’s possible that those assets would be subject to American probate laws. This could also be the case if the individual died in the UK but owned assets in the US at the time of their death.

How does the probate process in the UK and USA differ? 

Succession laws in the UK and USA are reasonably similar. Both countries have laws that are based on the concept of testamentary freedom, otherwise known as the right for an individual to leave their assets to whomever they choose. However, within the USA, there are some differences from state to state. This means that any Will that was made by a UK citizen who is legally domiciled in America may be subject to state-level restrictions.

Though at first glance the UK and US seem to have broadly similar probate processes, the laws in the two jurisdictions can still clash. For example, there are significant differences in the tax-free allowance each individual is afforded before inheritance tax must be levied.

One key difference between the probate process in the two jurisdictions is how likely it is that you will need to apply for probate at all. In the UK, probate is a reasonably standard process. You will certainly need to apply for probate if the estate owns property that needs to be sold. In America, however, it is common practice for individuals to seek to avoid having to apply for probate with the use of living trusts. Unlike in the UK, in the US these kinds of trusts do not have implications for inheritance tax.

A specialist solicitor will be able to help manage and navigate this process, including trying to mitigate any issues with inheritance tax coming due in both countries.

Can a UK Will cover assets in the USA?

Generally speaking, if you are legally domiciled in the UK and have written a Will here, you do have the right to elect for the law of the UK to apply to your worldwide estate. This would mean that your assets would be dealt with by your UK Will and handled under UK probate laws.

However, in reality these situations are not typically quite so straightforward. Depending on the type of assets in question and exactly which states they are located in, they may be subject to legislation that restricts this. Equally, administering assets under UK probate laws might not be the most tax-efficient option overall.

We would always recommend discussing your individual circumstances with a solicitor who specialises in international probate before you make any decisions. They will be able to advise on what is likely to be the best course of action.

Will you need to apply for probate in both the UK and the USA?

In cross-border inheritance matters, it is often – though not always –the case that the personal representatives will have to administer separate parts of the estate in different jurisdictions. This would likely involve having to apply for probate in both countries.

This is because financial institutions (such as banks) in each country will not accept a document issued by the other country. Though in some instances, courts in the UK may agree to ‘reseal’ formal probate documents from overseas so that they will be accepted by UK institutions, they will not do this for American probate documents.

Depending on the personal circumstances and prior planning of the person who has died, often, any ‘moveable’ assets (such as money in bank accounts or art collections) will be administered according to the probate laws of whatever country they were legally domiciled in. However, it’s likely that any ‘immoveable assets’ (such as property) will need to be administered according to the probate laws of the country they are situated in.

How can you plan ahead if you own assets in the USA?

In many situations involving cross-border estates, potential issues can be significantly curtailed by engaging in careful advance planning. For example, experienced cross-border probate professionals often recommend that individuals who own assets in multiple countries write a separate Will to deal with the assets in each jurisdiction.

It is also likely to be beneficial for individuals to consider whether any trusts they have set up will be compliant for probate and inheritance tax laws in both countries.

A specialist international probate solicitor will be able to advise you on matters of legal domicile and any related implications for your international assets and estate.

Get support

If you are responsible for dealing with the estate of a UK citizen who owned assets in the USA, our specialist probate solicitors can support you through the process. We work very closely with lawyers in the US on matters such as these, and can help you navigate the necessary probate laws as painlessly as possible.

Equally, if you are thinking about planning for the future and need some advice on how to approach doing so in terms of any overseas assets you might have, please do get in touch. We can help you to arrange your affairs in a way that will make administering your cross-border estate as straight-forward as possible, if and when the time comes.