Are you a US Based Executor or Attorney and need help with the release of UK assets? if so we can help you.
UK and US Probate Overview
Given the varying State Probate rules and laws, the USA 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.
Release of UK assets with US State Probate
To release the UK assets an entirely new application needs to be made in the UK, for Probate
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, or the Administrator ( eg. Next of Kin ) if the Deceased died without a will.
Typical Documents required
We would typically require the following documentation :-
- • Certified ( by US attorney ) or Original Death Certificate
- • Original Probate Letters of Testamentary ( or the equivalennt ) issued by the US State Court, together with the Will, this must be sealed by the State Court in the US
- • Details of the UK assets to be collected eg. share documentation or UK bank account details,etc
- • Identification of the Executor or Administrator of the Estate to comply with UK ML Rules
USA Probate contact
We act regularly for lawyers and clients in New York, and throughout the United States and 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 firstname.lastname@example.org or telephone +44 (0)1482 42 99 85
Call our HELPLINE +44 (0)1482 42 99 85 or send an enquiry
Resealing Probate UK is part of TM Solicitors Ltd, a specialist firm of International Probate Lawyers with expertise in handling probate applications in the UK, we operate throughout the UK and abroad, and regularly assist foreign executors, lawyers, attorneys, and lay client’s with reseal applications in the UK. TM Solicitors also regularly advises on contested probate disputes.
TM Solicitors are members of the Solicitors for the Elderly, International Bar Association (IBA) and Probate Section of the Law Society. We are regulated by the Solicitors Regulation Authority (SRA number 556897)
Tim Murden heads the international probate team and can be contacted on +44 (0)1482 42 9985 or by e-mail at email@example.com