Before the Application

The following documents may be necessary for the grant application, which will be retained by the Probate Registry and usually not be returned:-

1. Certified true copy Will of the Deceased duly certified by the U.S. court;

2. Certified true copy Grant of Probate/Letters of Administration of the Deceased duly certified by the U.S. court;

3. Vital Records duly apostilled, such as:

a. Death Record;

b. Marriage Licence; and

c. Birth Certificate

The process to obtain those documents can be painful and confusing. Documents issued by one state cannot be authenticated by another state, and document issued by different authorities may have different authentication processes. The process is so confusing that sometimes not even the staff at the government office or the embassy can give you the right answer. There are however a number of service providers which may provide such services, so long as you provide clear and accurate instructions.

United States Legal Opinion

The right to the grant depends on the domicile of the deceased. Accordingly, it is often required to submit an affidavit of foreign law prepared by the attorney practicing in the State which the deceased domiciled to confirm that the applicant is entitled to the grant under the laws of that State.

The affidavit of foreign law must state the validity of a will (if there is one) made by the deceased and the entitlement to a grant under the laws which the deceased was domiciled. It would be sworn by the attorney practicing in that State.

Local Administrator

If the intended administrator does not ordinarily reside in Hong Kong, the Probate Registry may issue the grant subject to the provision of surety guarantees by two Hong Kong residents guaranteeing the due administration of the estate. Such requirement could be exempted if the intended administrator appoints a practicing solicitor in Hong Kong as his/her attorney for the application.

The grant will be made to the attorney in Hong Kong, who can do all act necessary for the administration of the estate, including collecting the estate and distributing it among the beneficiaries.

Conclusion

With extensive experience and a global network of lawyers, accountants and other professionals, OLN holds clients' hand through the above process, which most people find mundane and pedantic:-

1. Instructing agent to obtain authenticated documents worldwide;

2. Applying for probate/letters of administration as attorney of American Citizens;

3. Liaising with an extensive network of U.S. attorneys to obtain the affidavit of foreign laws

4. Collecting and liquidating assets; and

5. Distributing assets to beneficiaries.

This article is for information purposes only. Its contents do not constitute legal advice and readers should not regard this article as a substitute for detailed advice in individual instances.

Contact the author or download contact details