When someone dies abroad, two separate legal and administrative processes run in parallel: the repatriation of the body to the UK, and the administration of the estate. The two are connected in timing — both require the foreign death certificate — but they are handled by different professionals and operate on different timescales.
Repatriation is measured in weeks. Estate administration after a death abroad can take months to years, particularly where assets exist in a foreign country. This article focuses on what families need to understand about the estate process and what steps to take early.
UK probate: the starting point
If the deceased was a UK resident and left assets in the UK — a bank account, property, investments — the estate must go through the UK probate process. A grant of probate (if there is a will) or a grant of letters of administration (if there is no will) is issued by the Probate Registry in England and Wales. Equivalent processes apply in Scotland (confirmation) and Northern Ireland.
To apply for probate, the family needs the UK death certificate. If the person died abroad, the UK death certificate is not automatically issued — the family must register the foreign death with the UK General Register Office (GRO). The GRO records the death in the Consular Register and issues a UK-format certificate. This is a separate step from obtaining the foreign death certificate.
A foreign death certificate alone is not accepted by most UK banks or financial institutions for the purpose of releasing funds. The UK grant of probate, or at minimum the GRO-issued certificate, is what they require.
Foreign assets: a separate legal process
Assets held in a foreign country — a bank account, a property, a vehicle, a business interest — are subject to the law of that country. UK probate does not automatically give the executor or administrator authority to deal with those assets.
In most countries, the family must instruct a local lawyer to administer the foreign estate. The extent of the process depends on what assets exist and the laws of the country concerned:
Property. Real estate abroad must be dealt with under the law of the country where it is located. This almost always requires a local probate equivalent — a grant, a notarial process, or a court order — and a local estate lawyer.
Bank accounts. Foreign banks typically require local documentation before releasing funds. Some countries have treaty arrangements that make this simpler; most do not.
Vehicles, investments, personal effects. The process varies widely. In some countries, modest assets below a certain value can be released without formal legal process. In others, even a car requires formal probate.
Re-sealing: simplified in Commonwealth countries
In Commonwealth countries that have adopted the relevant legal framework — including Australia, New Zealand, Canada, South Africa, Jamaica, and others — a UK grant of probate can be re-sealed in the local court. Re-sealing is faster and less expensive than a full local probate, because the court accepts the validity of the UK grant rather than requiring a fresh determination.
This does not apply in EU countries, the USA, or most of the rest of the world. Check with a local estate lawyer in the specific country.
Double taxation risk
If the estate includes foreign property or investments, there is a risk of being taxed in two jurisdictions. The UK has double-tax treaties with many countries, but these treaties do not uniformly cover inheritance tax — they vary by country. Some countries have no inheritance tax at all; others have rates that could result in significant liability.
An estate solicitor experienced in cross-border estates should review the position before assets are transferred. Getting this wrong can result in penalties that are difficult and expensive to correct.
What to do first
Obtain multiple certified copies of the foreign death certificate. Each institution — UK bank, foreign bank, foreign court, insurer — will want an original or a certified copy. Requesting 8 to 12 copies at the point of issue is cheaper than obtaining them later.
Register the death with the UK General Register Office. This gives you the UK-format certificate that UK banks and institutions require.
Apply for a grant of probate in the UK if the estate warrants it (small estates below approximately £5,000 can often be handled without probate, but this depends on the bank or institution).
Identify what assets exist abroad. Check bank statements, property documents, investment accounts.
Instruct a local lawyer in each foreign country where significant assets exist. Do not attempt to deal with foreign estate administration without local legal advice.
Check for travel insurance. Many travel insurance policies have an estate assistance clause — a benefit that provides access to a legal helpline or covers some costs of foreign estate administration. Review the policy terms.
Key points
- UK probate and foreign estate administration run in parallel but are separate processes.
- The GRO-registered UK death certificate is what UK institutions require, not the foreign certificate alone.
- Foreign assets require local legal process — UK probate does not extend authority abroad.
- Commonwealth countries allow re-sealing of a UK probate grant.
- Instruct a solicitor experienced in cross-border estates before making any financial decisions.
Source: HM Courts & Tribunals Service (HMCTS) probate guidance; UK General Register Office; Law Society of England and Wales; FCDO consular guidance; Solicitors for the Elderly (sfe.legal).
This article provides general information. It is not legal advice. For specific estate administration matters, consult a qualified solicitor.