Probating an Ex-Pat's Will

A bit of a complicated issue, one I definitely need help figuring out.  I am the executor of my late brother's estate.  He was a long-time resident of Hong Kong and had no residence in the US.  His residency status in Hong Kong was termed "Unconditional Resident," meaning he could live there as long as he wanted.  He was not officially a "Permanent Resident."

I have been advised by a Hong Kong attorney that because my brother was not a "Permanent Resident" his will cannot be probated there, at least not very easily.  He advises that it be probated in the US first, then probate in Hong Kong would go quickly.

The estate has assets in both Hong Kong [bank accounts] and the US [life insurance].

My question is, where in the US would it be appropriate to try to probate the will?  The will was drawn by a Connecticut attorney while my brother was a Hong Kong resident.  At no time did my brother live in Connecticut.  He was a native of New York State, but had not lived there for decades.  He did, at one time own a vacation condo in Hawaii, but sold it a year or more before his death.  I have no idea what state my be appropriate for probate!

Is there any such thing as probating a will in Federal court?  I imagine my brother's circumstances were not unique.  What's the procedure for probating the will of an ex-pat with no US residency of any kind?

The life insurance is not part of the estate if you are the beneficiary and does not get probated.

You need only the policy, the death certificate, and a claim form. If you don't have the policy, the insurance company should have other forms for that contingency.

There should be no need to probate in the US if he had no assets in the US.

In addition to bank accounts, did he have a car? Personal property?

I suggest you study up on Hong Kong probate procedures and see if there is an informal provision for small estates:

http://www.google.com/...

If not, you'll at least know what you are talking about when you talk to the lawyer again.

Generally to probate a will is a state issue --and its seems brother was not a bonafide resident of any particular state in US.

Insurance should be paid to beneficairy directly as per contract..so the issue seems to be how to address the Honk Kong accounts?

Sorry, I should have mentioned that the beneficiary of the insurance policies is the estate, not any individual.  Insurance company will not issue a check without probate.  Understandable since they need to know that whoever would control the estate account where the check would go is, indeed, controlled by the legitimate executor.

Any further thoughts.  Thanks for your help.

It appears that you might be able to probate the will in New Mexico.

New Mexico probate statute 45-1-301. Application.

Except as otherwise provided in the Probate Code [this chapter], the code applies to:   

B.     the property of nonresidents located in New Mexico or property coming into the control of a fiduciary who is subject to the laws of New Mexico;   

Looks like that applies to you and the life insurance.

Here's a link to the New Mexico Probate code:

http://law.justia.com/...

The general rule for estates is that the primary probate is done in the place where the decedent was domiciled. Here, that would be Hong Kong. An ancilllary probate for the insurance could be done in the state where the insurance policy is considered to be located, which may be where it was issued or where the life insurance company is located, perhaps.

There is likely some procedure in Hong Kong to probate his Hong Kong assets, difficult as it may be to use.

Federal court does not handle probate actions. That is strictly done under state law.