Can you still start a probate process if the deceased is a non US citizen?

Question

My mother in law (who is a non-US citizen) has a bank account here in the US where my husband and I live.  She unfortunately got Alzheimer's and is now being taken care of in the Philippines.  She used to live here in the states and when she did, she opened a bank account here.  After she got sick, she moved back to the Philippines where she will pass away soon.  She has no will and no property.  Her only asset is this bank account which has a substantial amount of money in it.  When she does pass away, is it still possible for my husband to begin a probate process even though she is a non-US citizen and she passed away in another country?  She has no spouse and my husband is her only child.

Mr Placid · Accepted Answer

Yes you can, although the fact that your MIL is in the Philippines is going to make things more complicated.  This should have been taken care of before she left the U.S.  You could have had MIL designate your husband as beneficiary of the bank account, which would have avoided probate altogether.  

You will probably first need to convince the local probate court that your MIL is a U.S. resident despite the fact that she was physically in the Philippines when she died.  That would be the largest hurdle.  The fact that your husband is the only potential beneficiary should make things easier overall.  Note:  If you are talking a *substantial* amount of money, then hire a probate attorney.  The last thing you want is for a probate judge to rule that Philippines has jurisdiction.  Once that happens, you're screwed.  Hire a lawyer to make sure you advance a good argument.

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Can you still start a probate process if the deceased is a non US citizen?

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