An inheritance matter may involve several countries at the same time. An heir may live abroad, the deceased may have spent the last years of their life in another country, while the estate may include assets both in Russia and elsewhere. In such cases, the first step is to understand where the assets are located, where the deceased lived, and where the heir is based. These factors help determine where the inheritance process should begin, which country's law may apply, and what documents will be required.
In practice, most cross-border inheritance matters fall into one of three main scenarios:
For example, the deceased may have left an apartment in Spain, an account with a French bank, investments, securities, or an interest in a foreign company. In such a situation, it is not always necessary to start the entire inheritance process abroad.
The first questions are where the inheritance proceedings should be opened and which law applies to the particular asset. In some cases, inheritance proceedings may be conducted in Russia, and a Russian notary may issue a certificate of inheritance covering assets located outside the Russian Federation.
The next step is to determine how Russian inheritance documents can be used in the country where the asset is located. The procedure may differ depending on whether the asset is real estate, a bank account, securities, or an interest in a foreign company.
On a separate page, I explain in more detail how foreign property may be inherited, how funds held with a foreign bank may be claimed, how a Russian certificate of inheritance may be used abroad, and how the Russian and foreign parts of the inheritance process can be coordinated.
For example, a relative may have died leaving an apartment, bank account, land or other property in Russia, while the heir lives in Germany, the United Kingdom, the United States, France or another country. Living outside Russia does not by itself prevent an heir from accepting an inheritance in Russia. However, it is important to determine in time how the application should be submitted to the Russian notary, which documents can be signed abroad, and whether a representative in Russia will be required.
These cases frequently involve questions about powers of attorney, apostilles, legalisation, translation of foreign documents, proof of family relationship and compliance with the six-month inheritance deadline.
If the deadline has already expired, it may be necessary to consider whether the inheritance was actually accepted or whether the deadline can be restored. In many cases, a substantial part of the Russian procedure can be handled through a representative, so the heir does not necessarily need to travel to Russia at every stage.
A separate situation arises where the deceased spent the last years of their life outside Russia but left an apartment, bank accounts, a vehicle, an interest in a Russian company or other assets in Russia. In such a case, it is necessary to determine whether the inheritance can be dealt with in Russia, what significance the deceased's last place of residence has, and which country's law applies. The answers may differ depending on whether the asset is immovable or movable property.
Particular importance is attached to Resolution No. 12-P of the Constitutional Court of the Russian Federation dated 26 March 2024. The Constitutional Court considered a situation in which the deceased had lived abroad but movable assets remained in Russia. The Court held that a Russian heir should not effectively be deprived of the possibility of formalising inheritance rights where access to the competent foreign authorities is impossible or substantially difficult.
Foreign death certificates, wills, court judgments or other documents issued outside Russia may also be relevant in such cases.
A useful starting point is to answer four questions:
These answers usually help identify the initial route for the inheritance matter.
More complex estates, however, may fall into several categories at once. For example, the deceased may have lived in Germany, owned an apartment in Russia and held a bank account in France, while the heir lives in the United Kingdom.
In such a case, it is usually not enough simply to approach a notary in one country. The procedure for each asset must be determined separately and the different parts of the inheritance process need to be coordinated.
Different assets in a cross-border estate are not always inherited under the same rules. For real estate, the law of the country where the property is located may apply. For other assets, the deceased's last place of residence or an international treaty between the relevant countries may be important. For this reason, before starting the formal inheritance process, it is useful to prepare an overall map of the estate.
This should identify the countries involved, known assets, heirs, wills, inheritance proceedings that have already been opened, and the documents currently available. A separate route can then be determined for each asset: which authority is competent to deal with it, which documents need to be obtained in Russia, and what steps must be taken abroad.
Foreign Documents and Wills
Cross-border inheritance matters often require documents issued in another country. These may include death, birth and marriage certificates, wills, court judgments, notarial documents or extracts from foreign registers.
Before such a document is used, it is necessary to determine whether an apostille or legalisation is required, what type of translation is needed, and whether the document will be recognised in the relevant inheritance procedure.
A foreign will requires separate analysis. The fact that a will was made outside Russia, or that its form differs from that of a Russian notarial will, does not in itself make the will invalid. It is necessary to determine the applicable law, check any relevant international treaty, and establish which assets the will covers.
When Does an Inheritance Dispute Arise?
A cross-border inheritance dispute may arise because of a will, a missed deadline, the composition of the estate, competing heirs, or documents issued in different countries. Sometimes one heir has already formalised rights to assets in one country while another heir claims rights in Russia.
A foreign court judgment or inheritance certificate does not always automatically produce the same legal consequences in Russia.
In such matters, it may be necessary to determine which court has jurisdiction, which law applies, what effect foreign documents have, and what consequences follow from steps that have already been taken in another country.
How I Work with Cross-Border Inheritance Matters
I begin a complex inheritance matter by preparing a legal map of the estate. The first step is to determine where the deceased lived, where the assets are located, who the heirs are, whether there are any wills, and which proceedings have already been started in Russia or abroad.
I then identify the Russian part of the matter and determine the appropriate sequence of further steps. This may involve working with a Russian notary, preparing foreign documents for use in Russia, arranging a power of attorney, court proceedings, or obtaining a Russian certificate of inheritance for subsequent use abroad.
If assets need to be dealt with in another country, I can coordinate the work with foreign lawyers, notaries, banks and registration authorities. The objective is not to run several unrelated procedures, but to connect the Russian and foreign parts of the estate into one coherent route.
Where to Start
If an estate is connected with several countries, it is not necessary to collect every possible document before obtaining an initial assessment. At the beginning, it is more important to understand the structure of the matter.
For an initial assessment, it is usually sufficient to provide:
On that basis, it is usually possible to identify which of the three main scenarios applies and which steps should be taken first.