US–Taiwan Inheritance & Probate
1. Can a U.S. trust help avoid California probate?
If assets are properly transferred into a revocable living trust, the trustee can generally manage and distribute those assets after the trustor’s death without a probate proceeding. Whether probate can be avoided depends on whether the assets were actually titled in or transferred to the trust.
2. If my relative who died did not have a U.S. trust, is probate always required?
Generally yes, but not always. Whether probate is required depends on the type, value, title, and beneficiary designations of the assets. Some assets may transfer through small-estate procedures, beneficiary designations, or other non-probate methods. Individually titled real estate or high-value accounts are more likely to require a probate.
3. Do all U.S. assets have to go through probate?
No. Many assets can avoid probate through a trust, joint ownership, Transfer-on-Death registration, Payable-on-Death designation, or beneficiary designation. Proper estate planning can reduce the time, cost, and uncertainty of probate.
4. What happens if I die without a will in the United States?
If a person dies without a valid will, their U.S. assets are generally distributed under the laws of the state where the assets are located. The distribution under state laws may not reflect the person’s wishes, and many assets may still require probate.
5. How long does California probate usually take?
The timeline depends on the complexity of the estate. A California probate proceeding may take more than a year. Matters involving real estate sales, multiple heirs or beneficiaries, creditors, tax issues, or cross-border documentation may take longer.
6. How are U.S. probate costs calculated?
Probate costs may include court filing fees, publication costs, appraisal fees, document costs, and attorney fees. In California, statutory probate attorney fees are generally calculated based on the gross value of the assets, not merely the net equity after loans or debts. Other services may involve additional fees.
7. My parent passed away and left bank and brokerage accounts (such as Charles Schwab, Etrade, Morgan Stanley). What should I do?
The first step is to determine how the account was titled, whether beneficiaries were designated, and what documents the financial institution requires. If there is a valid beneficiary designation, the assets may transfer directly to the named beneficiary. If there is no beneficiary designation, or the account was held only in your parent's name, probate, trust administration, or another legal process may be required.
8. What happens to a U.S. bank account after the account holder dies?
Banks often restrict or freeze an individual account after receiving notice of death. Whether the person's family or heirs can access the funds depends on joint ownership, trust ownership, or a court order such as probate. Banks vary in their requirements for death certificates, identification, court documents, and tax forms.
9. What documents do U.S. banks and brokerage firms usually require for inheritance matters?
Common documents include death certificates, heir or beneficiary identification, court orders from probate, wills, trust documents, tax forms, beneficiary claim forms, or evidence of authority for an estate representative. Requirements vary by financial institution, account type, asset value, and whether beneficiary designations exist.
10. How do Taiwan heirs handle California probate?
If a deceased person owned California assets that were not structured to avoid probate such as a trust, beneficiary designation, joint ownership, or another transfer mechanism, a California probate proceeding may be required. The process generally includes filing a petition, appointing a personal representative, notifying creditors, inventorying assets, addressing debts and expenses, and distributing assets to heirs or beneficiaries. Taiwan-based heirs often need assistance with cross-border signatures, notarization, authentication, and identity documents.
11. Do Taiwan heirs have to travel to the United States for probate?
Not necessarily. Many probate matters can be handled by U.S. attorneys without requiring Taiwan heirs to remain in the United States. However, family members or heirs may still need to sign documents, provide identification, complete notarization, or obtain document authentication.
12. Can Taiwan heirs inherit U.S. real estate directly?
In many cases, yes. U.S. law generally allows non-U.S. citizens to inherit U.S. real estate. However, the transfer process may involve probate, trust administration, title documents, and tax filings. Whether court involvement is required depends on how title was held and whether proper estate planning was completed.
13. Can Taiwan heirs sell inherited U.S. real estate?
Generally yes. Before a sale, however, the heir or estate representative typically must have legal authority to transfer or sell the property, such as through probate, court authorization, trust administration, or title transfer. The sale may also involve U.S. tax filings and foreign-seller withholding issues.
14. Can a Taiwan will transfer U.S. assets?
Possibly, but not always. Whether a Taiwan will can effectively transfer U.S. assets depends on the will’s language, execution formalities, asset type, applicable state law, and whether U.S. courts or financial institutions will accept the document. Even if the will is valid in Taiwan, additional U.S. procedures may still be required. If you have U.S. assets, consider having a separate U.S. trust, will or other estate planning documents.
15. I live in Taiwan but own California real estate. Do I still need a U.S. estate plan?
Yes. Even if you live in Taiwan, owning California real estate or other U.S. assets can trigger U.S. legal procedures upon death or incapacity. Appropriate trusts, wills, and powers of attorney can help manage the assets, reduce probate risk, and make cross-border administration more orderly.
16. Can a non-U.S. citizen or non-permanent resident create a U.S. trust?
Yes. U.S. citizenship or permanent resident status is not usually required to create a revocable living trust. Many Taiwan residents who own U.S. real estate, investment accounts, or other assets use U.S. trusts as part of their estate planning. The appropriate structure depends on residency, tax status, asset type, and personal or family preferences.
17. Do Taiwan residents need a U.S. trust?
Not always. However, if a Taiwan resident owns U.S. real estate, bank accounts, brokerage accounts, or other U.S. assets, a U.S. revocable living trust may help avoid probate, preserve privacy, and simplify future asset transfers. Whether a trust is appropriate depends on the asset structure, location, family circumstances, tax status, and planning objectives.
18. Can one trust be used for both Taiwan and U.S. assets?
No. Whether one trust can effectively cover assets in both jurisdictions is very unlikely because the difference in the type of assets, difference is each country's law, financial institution requirements, family circumstances, and tax considerations. In most cases, Taiwan and U.S. documents should be separate but coordinated so they work together to give the most protection.
19. How should I plan if I own assets in both Taiwan and the United States?
Cross-border assets usually require coordinated planning. A US–Taiwan estate plan may involve U.S. trusts and wills, Taiwan wills, U.S. real estate, U.S. bank and brokerage accounts, family succession objectives, minor-child planning, cross-border documentation, and tax coordination. A document prepared for one jurisdiction may not fully address assets in both jurisdictions; therefore, we recommend having different legal documents for each country.