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If a deceased person had assets outside Russia while the inheritance is connected with Russia, the estate may require legal steps in more than one country. The assets may include foreign real estate, bank accounts, investments, securities or shares in a foreign company.
This does not necessarily mean that the entire inheritance process must begin in the country where the asset is located. In some cases, inheritance proceedings can be handled in Russia first, and a Russian notary can issue documents that are then used to deal with assets abroad.
The first step is to identify where the deceased lived, what assets form part of the estate and where those assets are located. It is then necessary to determine where the inheritance proceedings should be opened, which law applies and what can be completed through a Russian notary. Different assets may require different routes.
I advise on cross-border inheritance matters involving Russia and other jurisdictions. I can handle the Russian part of the estate and, where necessary, coordinate with foreign lawyers, notaries, banks and registration authorities.
A common situation arises where the deceased lived in Russia but owned property in another country. This may be an apartment in Spain, a bank account in France, an investment portfolio, securities or an interest in a foreign company.
More complex cases are also possible. The deceased may have spent the last years of their life in another country, assets may be located in several jurisdictions and heirs may themselves live in different countries. There may also be a foreign will or several wills made in different jurisdictions.
In these cases, it is important to identify a separate legal route for each asset. Foreign real estate, a bank account and shares in a company may be inherited and transferred under different rules. Russian inheritance proceedings may be the first stage, followed by a separate procedure in the country where the asset is located.
The first practical question is where the inheritance process should begin. The place where the inheritance is opened and the law governing the inheritance are related, but they are not the same issue.
Under Russian law, the place of opening of an inheritance is generally the deceased's last place of residence. In a cross-border estate, however, Russian domestic rules should not be considered in isolation. An international treaty between Russia and the relevant country may contain special rules on which country's notary, court or other authority has jurisdiction.
For example, the legal assistance treaty applicable between Russia and Hungary contains separate rules for movable and immovable property. This illustrates why a cross-border inheritance should not automatically be analysed only under the general provisions of the Russian Civil Code. The relevant treaty should be checked first.
The practical purpose of determining jurisdiction is straightforward. It tells the heir where to start, which authority can issue the initial inheritance documents and whether the estate will require one procedure or several coordinated procedures in different countries.
A single estate does not always pass through one notary. One part may be handled in Russia, foreign real estate may require local formalities and a bank or corporate registry may impose its own requirements.
Once the procedural route has been identified, the next question is which country's law governs the inheritance of the relevant asset. The applicable law may determine who qualifies as an heir, what shares the heirs receive, how a will operates and whether there are mandatory heirs or other restrictions on testamentary freedom.
The first step is again to check whether an international treaty applies. A treaty may contain its own conflict-of-law rules. The Russia-Hungary example is useful here as well. In relation to movable property, the treaty links succession to the nationality of the deceased, while immovable property is governed by the law of the country where it is located.
If no special treaty rule applies, Article 1224 of the Russian Civil Code becomes relevant. As a general rule, succession is governed by the law of the country where the deceased had their last place of residence. Real estate is subject to a separate rule and is generally governed by the law of the country where the property is situated.
This means that one estate may involve more than one legal system. A person may have lived in Russia, held money in a foreign bank account and owned an apartment in Spain. The legal route for those assets may need to be analysed separately.
In certain cases, a significant part of the inheritance process can be completed in Russia. Russian notarial practice provides special certificates of inheritance for assets located outside the Russian Federation. Form No. 3.3 is used for intestate succession and Form No. 3.4 where inheritance is based on a will.
An important practical feature is that the certificate does not always have to identify every foreign asset individually. It may confirm the heirs and their respective shares in the estate without listing each bank account or other asset located abroad.
This is particularly relevant because a Russian notary may not be able to obtain complete information directly from a foreign bank or other institution. Foreign organisations are not required to respond to Russian notarial requests simply because Russian law imposes disclosure obligations on Russian institutions.
Where the deceased lived in Russia and owned movable assets abroad, such as money in a foreign bank account, a Russian certificate of inheritance may in certain cases become the document used to start the next stage with the foreign bank or other competent authority.
The exact route depends on the deceased's last place of residence, the type of asset, the relevant international treaty and the law of the country where the asset is located.
Sometimes the heirs know that the deceased held money outside Russia but do not know the name of the bank or the account details.
One possible source of information is the Russian Federal Tax Service. In many cases, Russian citizens are required to notify the Russian tax authorities of foreign bank accounts, although exceptions apply, including to individuals who spend substantial periods outside Russia.
If the deceased reported the foreign account, information about it may therefore be available to the tax authorities.
A Russian notary dealing with an inheritance can request information from the Federal Tax Service concerning bank accounts and deposits of the deceased and the financial institutions in which they were held. This can be useful where the family knows that foreign banking arrangements existed but does not have complete records.
There is an obvious limitation. If the deceased should have reported a foreign account but did not do so, the tax authorities may have no information about it. The account may then need to be traced through banking documents, email correspondence, statements, tax records and other financial information.
Once the account has been identified and the Russian notary is competent to formalise the heir's rights, the heir may obtain a Russian inheritance certificate and approach the foreign bank. The bank may then require a certified translation, an apostille or legalisation, additional evidence of inheritance rights or a local inheritance procedure.
How Is Real Estate Outside Russia Inherited?
Real estate is generally governed by the law of the country where the property is located. This means that an apartment in France, a house in Italy or property in Spain will normally require analysis under the law of that jurisdiction.
Russian inheritance documents may still play an important role, but a Russian notary cannot replace a foreign notary, court or property registry where local law requires their involvement.
It is therefore necessary to determine whether the Russian certificate of inheritance will be recognised, whether translation, apostille or legalisation is required, how title is transferred and registered, what deadlines apply and whether local tax issues arise.
When I handle such matters, I can coordinate the Russian and foreign parts of the process. If local counsel or a foreign notary is needed, I work with the relevant professionals, provide the Russian inheritance documents, coordinate the required steps and help ensure that the Russian and foreign procedures are consistent.
This allows the inheritance to be managed as one legal project rather than as several disconnected procedures in different countries.
How Can an Heir Obtain Money from a Foreign Bank Account, Securities or Shares in a Foreign Company?
Bank accounts, securities and company interests are dealt with differently from real estate. The key question is what document the particular bank, custodian, company or corporate registry requires as evidence of the heir's rights.
In one jurisdiction, a Russian inheritance certificate with a proper translation and apostille may be sufficient. In another, an additional notarial, court or administrative procedure may be required.
Company shares may also be subject to local corporate law and registration rules. It may be necessary not only to prove the heir's status but also to register the change of ownership in a foreign corporate registry.
The fact that an asset is located outside Russia does not automatically mean that the entire inheritance process must take place there. The first task is to determine what can be formalised through the Russian inheritance proceedings and what additional steps will be required for the particular foreign asset.
What if the Will Was Made Outside Russia?
A foreign will is not invalid simply because it was executed in a form different from a Russian notarised will. It is necessary to determine where the will was made, where the deceased lived, which law governs the form of the will and which law governs the substantive inheritance issues.
Russian courts have considered, for example, a will executed in Cyprus. The relevant international treaty allowed the will to be recognised as formally valid where it complied with the law of the country in which it was executed.
In another case, the Russian Supreme Court considered a handwritten will made by a person who had lived in Monaco. The Court emphasised that determining whether the form of the foreign will was valid was not enough. The law governing the inheritance itself also had to be established.
For this reason, a foreign will should be analysed together with the applicable law and the complete structure of the estate.
What if There Is More Than One Will?
Cross-border estates may involve several wills. A person may have made a general will in Russia and later executed a separate will relating to real estate, bank accounts or business interests in another country. It is then necessary to determine which assets are covered by each document, when the wills were made and whether a later will revokes or modifies earlier testamentary dispositions.
The applicable law must also be considered in relation to each asset. Russian courts have dealt with cases involving several testamentary documents made in different jurisdictions, including a separate Spanish will relating to assets and company interests located in Spain.
This is why multiple wills should not be analysed in isolation. The full asset map should be identified first, and each testamentary document should then be matched to the assets it may govern.
What if Inheritance Documents Have Already Been Issued in Different Countries?
A particularly difficult situation arises where inheritance rights have already been formalised in more than one jurisdiction. A foreign court may have recognised one heir while a Russian notary has issued an inheritance certificate to another. Property abroad may already have been registered without taking account of another heir's rights.
A foreign judgment does not necessarily have automatic legal effect in Russia. Recognition may depend on an applicable international treaty, the jurisdiction of the foreign court and whether the parties affected by the decision were given proper notice and an opportunity to participate.
In such cases, it is necessary to examine the foreign decision or certificate, the procedure by which it was obtained and the consequences it may have for the particular asset. Where different inheritance documents or competing heirs are involved, a separate litigation strategy may be required.
When Does a Cross-Border Inheritance Dispute Require Court Proceedings?
Court proceedings may become necessary where there is a dispute over the validity of a will, the composition of the estate, the rights of competing heirs or the law applicable to the inheritance.
Litigation may also be required where the time limit for accepting an inheritance has expired, where the heir needs to establish acceptance of the inheritance, where a certificate of inheritance is challenged or where ownership of an asset must be established.
In an international inheritance dispute, it is particularly important to identify the correct court, the appropriate legal claim and the proper parties to the proceedings. A procedural mistake can prevent a dispute from being decided on its merits even where the heir has a strong substantive position.
Where Should You Start with Assets Outside Russia?
Before approaching several notaries, banks and lawyers in different countries, it is usually useful to prepare an overall map of the estate.
The goal is not to start as many inheritance procedures as possible. It is to establish the correct sequence of steps for each asset and to coordinate the Russian and foreign parts of the estate.
Legal Assistance with Inheritance of Assets Outside Russia
I advise on inheritance matters involving Russia and assets located in other jurisdictions. At the initial stage, I determine where the inheritance proceedings should take place, which law may apply, whether an international treaty is relevant and what can be handled through a Russian notary.
Where assets are located outside Russia, I identify the Russian documents required for each asset and the steps that will need to be taken in the relevant foreign jurisdiction. Where necessary, I coordinate with foreign lawyers, notaries, banks and registration authorities so that the Russian and foreign stages of the process remain consistent.
If a dispute arises, I represent heirs before Russian courts and develop the litigation strategy taking into account foreign wills, judgments, inheritance certificates and other documents.
The objective is to turn several procedures in different jurisdictions into one manageable legal route for the heir.