What Happens to Your Foreign Property Account When You Die
Quick Facts
Type
Foreign real estate
Probate
Local probate likely required
Tax
May owe local and US taxes
Step-by-Step Guide
Identify all foreign properties
List every foreign property owned by the deceased, including address, title deed details, and estimated market value. Include timeshares and fractional ownership interests.
Engage local legal counsel
Foreign property typically requires a local probate proceeding in the country where the property is located. A US will may not be recognized. Engage a local solicitor or notario.
Determine forced heirship rules
Many countries have forced heirship laws that override the deceased's will and require certain portions go to specific heirs (e.g., spouse, children). Local counsel can advise.
Report on US tax returns
Foreign real estate must be reported on the US estate tax return (Form 706) at fair market value. Capital gains stepped-up basis rules may apply. Consult a cross-border tax advisor.
Document Now Checklist
- Property addresses and countries
- Title deed or escritura details
- Estimated market values
- Local attorney contact information
- Mortgage or lien details
Last verified: June 2026. Platform policies may change. Verify current procedures directly with Foreign Property. This guide is for informational purposes only and does not constitute legal advice.
Related Guides
Social Security
Social Security must be notified of death immediately. Benefits paid after death must be returned. Survivor benefits may be available.
IRS / Tax Returns
A final individual tax return must be filed for the year of death. Estates over $13.61M may owe federal estate tax.
Veterans Affairs (VA)
Veterans are entitled to burial benefits, a headstone or marker, a burial flag, and Presidential Memorial Certificate — all at no cost.
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