USA PROBATE in the UK
Given the varying State Probate rules and laws, the US is not recognised under the Colonial Probate Act in the UK, this means that the Grant or the equivalent legal document issued in the US such as the Letters of Testamentary, cannot be resealed in the UK.
To release the UK assets an entirely new application needs to be made in the UK. Typically, the UK Courts will require a Court sealed and certified copy of the probate papers issued in the US by the State Probate Court. When the application is made in the UK, the grant is typically issued to persons appointed to administer the estate by the US Courts. This will typically be the executors named in the will in the US.
We act regularly for lawyers and clients in New York, and throughout the United States have successfully completed US probate applications from the States of California, Florida, Texas, Minnesota, Michigan, and New England.
If you are a executor or Administrator of an estate in US with UK assets that need collecting, we can help, please e-mail tim.murden@tmsolicitors.co.uk or telephone +44 (0)1482 638 564.