Documents and routes
| Document | Route |
|---|---|
| Will admitted to probate (certified copy with the order admitting it) | Court record → state of the court |
| Letters testamentary / letters of administration | Court record → state of the court |
| Death certificate | Vital record → state of death (death certificate) |
| Trust certification / certificate of trust | Notarized by trustee → state of notarization |
| Affidavit of heirship | Notarized → state of notarization |
| Renunciation or acceptance of inheritance | Notarized (often with specific civil-law wording) → state of notarization |
| Power of attorney to the foreign estate lawyer | Notarized → state of notarization (POA) |
| Bank and brokerage letters | Notarized → state of notarization |
Country notes
- Italy — the dichiarazione di successione and property transfers require apostilled death certificate, will (if any) with translation, and often a declaration of heirs; Italian notaries frequently require an atto notorio or sworn declaration of heirship.
- Spain — foreign wills must be apostilled and translated; a certificado de últimas voluntades is obtained in Spain; heirs’ identity documents are notarized copies with apostilles.
- Mexico — apostilled death certificate and will or letters, translated by a perito traductor, for juicio sucesorio or notarial probate.
- Germany — Erbschein applications or European Certificate of Succession alternatives; apostilled death certificate, will, and family records with translations.
- France, Portugal, Greece — similar packages; Greece commonly requires apostilled affidavits of heirship.
Unprobated wills
A will that has not been admitted to probate is a private document; a notarized copy or a notarized custodian affidavit can be apostilled, but most foreign authorities want the probated version or proof of U.S. probate.
Timing
Probate certifications are often required to be recent (3–6 months). Translate after the apostille.
Common reasons for rejection
- Uncertified copy of the will
- Letters testamentary older than the foreign registry's window
- Affidavit of heirship without a jurat
- Trust certification without notarization
- Sent to the state of the decedent's residence instead of the probate court's state
Frequently asked questions
Can the executor get the apostille?
Yes — anyone holding the certified court documents can request the apostille from the state.
Does the trust itself need an apostille?
Usually a notarized certificate of trust suffices; some foreign banks ask for the full notarized trust instrument.
What if the decedent left no will?
Letters of administration from the probate court, apostilled, with the death certificate and affidavits of heirship as the foreign authority requires.
