How to decline inherited property from abroad

Ilyce Glink and Samuel J. Tamkin, Tribune Content Agency on Nov 13, 2025

Q: My uncle passed away and left a will. I am the executor for the estate. However, there is a second person named in the will who lives out of the country. The will states that all of the property is to be equally divided between that person and me. What documentation needs to be drafted or filed if that person wants to give me their share? Can they simply sign documents from the other country to use here to close on the real estate?

A: The first question we have is whether this other person is in agreement and truly does not want to receive any property from your uncle. If the other person named in the will does not want to receive anything from your uncle’s estate, they might simply be able to provide you with the necessary documentation to file with the court in which they decline to accept the bequest.

When you decline an inheritance, it’s called a “disclaimer” or “renunciation” of the assets. The process varies significantly by state. Most states require that you disclaim the inheritance within nine months of the decedent’s death. Typically, you’ll have to write out your name and relationship to the deceased, the description of the property being disclaimed, and make a statement that you’re making an irrevocable disclaimer. Then, the document must be signed and, typically, notarized.

Before you get to that part, you’ll need to file the will with the local probate court where your uncle lived. Once you file the will, you proceed with the probate process. The probate court recognizes the person named in the will as the executor and issues paperwork authorizing that person to act as the representative for the estate.

Once you are recognized as the executor for the estate, you have powers to deal with the property that your uncle owned. You can close bank accounts, sell assets and do everything it takes to settle your uncle’s estate including filing federal and state tax returns. One additional thing that you get to do is to sell your uncle’s home and any other assets he owned.

As you sell your uncle’s assets, and pay off any remaining debts to the estate, you eventually will distribute the cash you collect from these sales and distributions to the people named in the will. When you get to that stage, you would ordinarily send a check to the second person named in the will for half of the net proceeds from the estate and you would get the other half.

Having said that, if the other person simply does not want to receive any money from your uncle, the probate court likely has a form that he can file a disclaimer or renunciation of their share under the will. Your local probate court may have a different name for the process or form but whatever that form is they would have to fill it out and file it with the probate court. Make sure you have several copies, as you may need to provide a copy to various agents that hold the asset, like a bank or settlement company.

Given that the other person lives outside the United States, they would have to be careful in making sure they fill out the disclaimer form correctly. If the form needs to be notarized, they may need to go to the United States embassy or consulate. The executed original form may then need to be sent back to you for you to file with the probate court.

You may need the help of a probate or estate attorney to navigate the probate process. We’re sure that person can guide you through the process of selling your uncle’s home and any other personal property that your uncle owned.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask (4th Edition).” She writes the Love, Money + Real Estate Newsletter, available at Glink.Substack.com. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)