Owning a home in one country, investments in another and a pension somewhere else is increasingly normal for internationally mobile families. What is far less understood is what happens to those assets after death — and why an estate spread across several countries can take years, rather than months, to settle.
This guide explains what probate is, how it works when assets sit in different jurisdictions, how long it typically takes worldwide, and the planning steps that can reduce delays — or remove the need for probate altogether.
What is probate?
Probate is the legal process that allows an estate to be administered after death. In simple terms, it is the procedure that gives someone the authority to collect assets, settle outstanding liabilities and transfer property to the beneficiaries.
A Will and probate are closely connected, but they are not the same thing. A Will is a legal document that sets out who should inherit assets and who should be responsible for administering the estate. Probate is the legal authority that allows that person to act.
This distinction matters. A valid Will does not, by itself, give anyone access to bank accounts, investment portfolios, real estate or business interests. In most jurisdictions, financial institutions and land registries require formal legal authority before transferring assets.
When there is a valid Will, the person responsible for this process is normally known as the executor. When there is no Will, the person with the same duties is known as an administrator. The title differs, but the responsibilities are broadly similar: identifying assets, obtaining valuations, settling liabilities, handling tax reporting, and ultimately distributing the estate according to the Will or local succession laws.
If you would like a fuller explanation of the documents involved, our guide to the estate planning process breaks down Wills, powers of attorney, guardianship and trusts in plain English.
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Why there is no such thing as “Global Probate”
Probate is not a global system. Every country controls the transfer of assets located within its own jurisdiction.
A court in Hong Kong cannot transfer ownership of a property in Spain. A grant issued in England does not automatically give authority over assets in Japan. A French notaire cannot change ownership of a condominium in Thailand. Assets in different countries are subject to different procedures, authorities, and legal requirements.
In practice, an international estate is usually administered through several connected processes running at the same time, rather than a single application.
Consider an estate that consists of:
- A home in Hong Kong
- An investment account in Singapore
- A holiday apartment in Spain
- A rental property in the United Kingdom
- A brokerage account in the United States
Each asset is governed by the laws of the country where it is located. The family must therefore obtain authority in each relevant jurisdiction before selling, transferring, or distributing those assets. This is one of the most commonly overlooked cross-border risks — a theme we explore further in how difficult it is to do probate yourself.
How do you apply for probate?
While the precise procedure varies by country, the underlying sequence is remarkably similar across most jurisdictions. Understanding the general shape of the process helps families know what to expect — and why it takes as long as it does.
Step one is to register the death and gather the core documents. Before any application can begin, the person dealing with the estate needs the official death certificate, the original Will (not a copy), and proof of their own identity. Where a death or a Will originates in another country, these documents frequently need to be translated, notarised or legalised with an apostille before a foreign authority will accept them — a step that routinely adds weeks to the timeline.
Step two is identifying and valuing the estate. The executor or administrator must compile a full picture of what the deceased owned and owed: property, bank and investment accounts, pensions, business interests, vehicles and personal valuables, set against any debts, mortgages or liabilities. Financial institutions and land registries are usually asked to confirm balances and ownership as at the date of death. This inventory forms the backbone of the application and, in many countries, determines any tax that falls due before assets can be released.
Step three is submitting the application to the relevant authority. Depending on the jurisdiction, this may be a probate registry or court (as in Hong Kong, Singapore, England and much of the United States) or a notary who manages the succession directly (as in France and Spain). The applicant typically files the will, the death certificate, the estate valuation and a formal application or oath, along with the required court or filing fees. Where there is no valid Will, the court instead appoints an administrator, and usually requires additional evidence of family relationships.
Step four is the grant and the administration that follows. Once satisfied, the authority issues the grant of probate (or letters of administration, or the local equivalent), which is the legal authority everyone has been waiting for. Only then can the executor collect assets, settle debts and taxes, and distribute what remains to the beneficiaries. In practice, this final stage — not the application itself — is often where the months accumulate, particularly where property must be sold; tax must be cleared, or assets sit in more than one country.
The typical probate document checklist therefore includes:
- The official death certificate (translated and legalised if issued abroad)
- The original Will and any codicils
- Proof of the applicant’s identity and entitlement to act
- A full inventory and valuation of assets and liabilities
- Evidence of family relationships where there is no will
- Any tax reference or clearance the jurisdiction requires before a grant is issued
For an international estate, that checklist must effectively be satisfied in each country where assets are held — which is precisely why coordinated planning, clear records and jurisdiction-specific Wills make such a difference to the families left behind. It is also why many of our clients choose to structure assets so that they never enter the probate process at all, a point we explore in our guide to the estate planning process.
Why one Will rarely covers everything?
The structure of the Will itself deserves particular attention. International estates rarely benefit from a “one Will covers everything” approach.
Because assets in different countries interact with different probate systems, inheritance rules, and administrative requirements, a coordinated multiple-Will strategy—a separate Will for each jurisdiction, drafted to work together rather than revoke one another—can dramatically reduce delays and unnecessary complexity.
Multiple Wills are needed when assets span several jurisdictions. A single Will covering worldwide assets frequently causes conflicting legal interpretations, frozen accounts and probate in one country stalling while another finishes first. Spanish inheritance professionals, for example, routinely recommend a dedicated Spanish Will for Spanish assets, and similar considerations arise in Thailand, where foreign Wills must pass through translation, notarisation and court approval before they can be recognised.
How long does probate take around the world?
Timeframes vary considerably by jurisdiction. The figures below are drawn from official court guidance and specialist legal sources in each country.
| Jurisdiction | Typical timeframe (uncontested) | Notes |
| Hong Kong | ~5–7 weeks for a straightforward grant; longer if complex | Jurisdiction covers Hong Kong assets only |
| Singapore | ~2–3 months (courts); 2–6 months (practitioners) | Faster where uncontested |
| Thailand | ~3–8 months | Court must appoint an administrator even with a will |
| France | ~6 months average | Handled by a notary, not a probate court |
| Spain | ~3–12 months | Notaries, tax authorities and land registries |
| United States | Varies widely by state | Simple estates often 6–12 months |
In Singapore, the courts indicate probate applications commonly take around two to three months, while legal practitioners often report two to six months for straightforward uncontested estates.
In Hong Kong, practitioners cite roughly five to seven weeks for a straightforward grant of representation, although more complex estates can take several months. The Probate Registry also makes clear that its jurisdiction extends only to Hong Kong assets; overseas assets must be administered where they are situated.
Thailand follows a different model. Courts generally require the appointment of an Estate Administrator even where a valid Will exists, and uncontested cases typically take between three and eight months, depending on documentation, family circumstances, and court schedules.
France and Spain operate very differently from common-law probate systems. In France, a notary generally handles succession rather than a court, with official notarial guidance indicating an average settlement period of around six months. Spain also relies on notaries, tax authorities, and land registries rather than a court-issued grant, with reported timelines ranging from three to twelve months.
What causes the longest probate delays?
Certain factors appear repeatedly in delayed estates, regardless of jurisdiction:
- Foreign assets frequently require legalised and translated documents.
- Real estate requires valuations and registration procedures.
- Missing paperwork can halt progress for weeks or months.
- Family disputes can turn a routine administration into multi-year litigation.
- Without a valid Will, complexity increases because authorities must first establish who is legally entitled to inherit.
The lesson is straightforward. International probate is rarely difficult because of a lack of beneficiaries. It is difficult because information, assets, and legal authority are spread across multiple countries. The estates that move most efficiently are those where asset records are organised, ownership structures are clear, and jurisdiction-specific Wills have been prepared before they are needed.
Can probate be avoided altogether?
The 2027 pension changes mean many expatriates need to rethink plans that may have worked peFor many international families, the goal is not simply to make probate faster — it is to remove assets from the probate process entirely.
This is where trusts can become powerful. Assets held within a properly established and — crucially — properly funded trust generally sit outside the probate estate, because legal ownership rests with the trustee rather than the individual. That can mean no grant, no waiting for multiple courts, and a far smoother transfer to beneficiaries across borders.
At Soteria Trusts, our work centres on these structures: a range of discretionary and bare trusts, international retirement solutions, and cross-border estate planning designed to protect assets, reduce tax exposure, and simplify how wealth passes to the next generation.
Plan before your family has to
If your wealth crosses borders, your estate plan should too. Coordinated Wills, clear ownership structures, and the right trust arrangements can spare your family months — sometimes years — of frozen accounts, translated paperwork and parallel court processes.
Speak to a Soteria Trusts specialist for a free, no-obligation consultation. We will review where your assets sit, how exposed they are to probate and cross-border tax, and which structures could protect your legacy and your loved ones.
Frequently Asked Questions
Do you need probate in every country where you own assets?
How long does international probate take?
Should I have more than one Will if I own assets abroad?
What is the difference between an Executor and an Administrator?
Can you avoid probate completely?
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Disclaimer: This article is intended for educational purposes only and does not constitute formal tax or legal advisory services. Cross-border estate regulations are complex and subject to change. Investors must consult qualified fiduciary specialists before making any structural changes.
