Executor Documents for an Overseas Bank Account

An overseas bank will usually want proof of death, proof of your authority as executor, proof of your identity, and its own claim forms. From Australia, that often means a death certificate and grant of probate, which DFAT can legalise directly, plus a notarised ID copy and forms signed before a notary. The bank decides.

Key takeaways

• Ask the bank first, in writing. Its deceased estates team sets the documents, the format and whether anything needs an apostille.
• An Australian death certificate and a sealed grant of probate are public documents that DFAT can legalise directly.
• Your ID copy, the bank's forms and any indemnity are private documents: sign or certify them before a notary, then DFAT if asked.
• Some banks accept an Australian grant; others need a local court process in their country first. A lawyer there can tell you.
• A JP certified copy is usually not accepted overseas and cannot be apostilled.
• A notary witnesses and certifies; a notary does not confirm you are entitled to the money. Get legal advice on the estate itself.

What does an overseas bank need to see?

Whatever the country, a bank releasing a deceased customer's money wants to answer four questions. Has the customer died? Who has legal authority to deal with the account? Is the person asking really that person? And will the bank be protected if it pays out? The documents follow from those questions.

Proof of death is usually a death certificate issued by the registry of births, deaths and marriages. Proof of authority is usually a grant of probate, if there is a will, or letters of administration, if there is not, issued by the Supreme Court of the state or territory. Proof of identity is your passport or other photo ID, often with proof of address. Protection for the bank is its own claim form, and sometimes an indemnity you sign promising to repay if someone with a better claim appears.

Many banks also want a copy of the will, the account details, your bank details for payment, and tax information. Because each bank, and each country, is different, the first step is always to ask the bank for its deceased estates requirements in writing, and to keep that list in front of you while you prepare everything.

Document	Usually issued by	Public or private?	Route if the bank wants it legalised
Death certificate	State or territory registry	Public	DFAT directly, on the original
Grant of probate or letters of administration	Supreme Court	Public	DFAT directly, on a sealed or court-certified copy
Copy of the will	Usually part of the grant	Depends on the copy	Send the court's copy with the grant if possible
Copy of your passport	You	Private	Notarised copy, then DFAT
Bank claim form or indemnity	The bank	Private	Signed before a notary, then DFAT
Translation	A translator	Private	As the bank asks

Do you need probate for an overseas account?

Usually, yes, or its equivalent. An executor's authority comes from the will, but banks generally want a court to have confirmed it. In Australia, that confirmation is the grant of probate. Whether a bank in another country accepts an Australian grant is a question of that country's law and the bank's policy.

Broadly, there are three outcomes. Some banks accept an Australian grant, with the documents in this article, especially for modest balances. Some want the Australian grant recognised by a court in their own country first, a process that in some Commonwealth countries is called resealing. And some, particularly in civil law countries, want a local document such as a certificate of inheritance, issued under their own succession rules, which may not depend on the Australian grant at all. Which applies is not something a notary or a bank's call centre can settle for you. Ask the bank what it requires, and if it points to a local court process, speak to a lawyer in that country and to your Australian solicitor.

Some banks will release a small balance on less, for example a death certificate, a copy of the will and an indemnity, without a grant. That is the bank's choice, and its threshold, if any, is its own. Ask.

Which documents can DFAT legalise directly?

DFAT is the only authority in Australia that issues apostilles and authentication certificates. An apostille, used for countries in the Hague Apostille Convention, confirms the signature, stamp or seal on a document is genuine; it does not confirm the contents. For countries outside the Convention, DFAT issues an authentication certificate and the document then goes to that country's embassy or consulate for legalisation. Check which applies on the HCCH status table on the day, because membership changes.

DFAT's page on documents it can legalise lists Australian death certificates and court documents among the originals it can legalise. A grant of probate is a court document. What you lodge is the sealed grant, or a copy certified by the court registry, not a photocopy, so check with the Supreme Court registry how to get extra certified copies and with DFAT that the copy you have is one it will accept. Keep the original grant in Australia if you can; you will need it for Australian assets too.

DFAT's page also notes that many overseas authorities do not ask for legalised documents at all. Do not legalise anything the bank has not asked for.

Where does the notary come in?

For the private documents: the ones you create or sign, rather than ones a registry or court issues. The usual examples are:

• A notarised copy of your passport, where the bank needs to verify your identity without seeing you. The notary sights the original and certifies the copy.
• The bank's claim form, declaration or indemnity, signed in front of the notary, who checks your identity and completes a notarial certificate.
• A statutory declaration or affidavit the bank asks for, for example about the deceased's other accounts or next of kin, sworn or declared before the notary for overseas use.
• A notarised copy of any document where the bank wants a certified copy and will not accept a court or registry copy.

Once notarised, a private document becomes a public document that DFAT can legalise, if the bank wants that. A notary checks who you are and that you understand what you are signing; a notary does not confirm that you are the executor, that the will is valid, or that the estate is entitled to the money. Those are legal questions for your solicitor. Our guide to notarising a codicil covers a related document, and our guide to notarised certified true copies explains what a notarised copy says.

What if there is more than one executor, or no will?

If the will appoints two or more executors and they all obtained the grant, many banks want every one of them to sign the claim form and prove their identity. Each executor then needs their own notarised passport copy and their own signature witnessed. If one executor lives in another country, they can usually sign before a notary or other authorised official where they live, but check with the bank that it accepts a signature witnessed in that country, and check whether it wants that signature legalised there.

If there is no will, the person who applies for the grant is an administrator rather than an executor, and the court issues letters of administration instead of probate. For the bank's purposes the documents look much the same: proof of death, the court's grant, identity and the bank's forms. Who is entitled to apply, and who inherits, depends on the intestacy rules that apply, which is a question for your solicitor, and possibly for a lawyer in the bank's country too, because some countries apply their own rules to assets held there.

What about translations?

If the bank is in a country whose language is not English, it may want your Australian documents translated. The receiving bank decides whose translation it accepts: some want a translator in their own country, some accept a NAATI certified translation from Australia, and some want the translation notarised or legalised as well. Ask before you order. If the translation is to be legalised by DFAT, DFAT requires it to be by a NAATI certified or recognised translator, with the translator's name, signature, NAATI seal and practitioner ID, and date, on every page. Our NAATI certified translation with notary page explains how translation and notarisation can be combined.

How do you prepare the pack?

1. Get the bank's requirements in writing. Contact its deceased estates or bereavement team and ask for the full list and format.
2. Get the grant. Your solicitor applies for probate or letters of administration in the Supreme Court; ask for extra certified copies.
3. Order death certificates. Enough originals for every bank, fund and authority that will want one.
4. Complete the bank's forms, unsigned. Fill them in, but sign in front of the notary if the bank wants notarised signatures.
5. See the notary. Bring your original passport, the forms and anything to be copied.
6. Legalise if asked. Lodge the death certificate, grant and notarised documents with DFAT for an apostille or authentication.
7. Send by tracked courier. Keep a full copy of the pack and note what you sent and when.

Common mistakes to avoid

The most common mistake is notarising and legalising documents before the bank has said what it wants, then finding it needed a different form or a local court document. The second is sending the only original grant overseas; ask the court for certified copies instead. The third is using a JP certified copy of your passport; it is usually not accepted overseas and cannot be apostilled. The fourth is signing the bank's form at home and bringing it to the notary already signed. A notary can only witness a signature made in front of them; our guide to documents already signed explains the options. The fifth is assuming the Australian grant settles everything, when the bank's country may apply its own succession rules.

Here is an illustration, not a real case.

Sam is executor of his aunt's estate in Perth. She had a savings account in the United Kingdom. The bank's bereavement team sends a list: a death certificate, a copy of the grant of probate, a notarised copy of Sam's passport and its claim form. It does not ask for apostilles. Sam's solicitor gets certified copies of the grant from the court, Sam signs the claim form in front of a notary with his passport, and the pack goes by tracked courier.

In short

An overseas bank usually wants proof of death, proof of your authority, proof of identity and its own forms. The death certificate and the grant of probate are public documents DFAT can legalise directly; your ID copy and the bank's forms are notarised first. Ask the bank for its list before you do anything, and get legal advice if it points to a local court process. Our document notarisation services page covers notarising forms and copies.

People also search for

• What documents do I need to inherit overseas?
• How do I open an overseas bank account from Australia?
• Can a death certificate be notarised?
• What documents do I need to sell property overseas?
• How does an international power of attorney work?

Handling an estate with a bank account overseas? Send us the bank's list of requirements, and we will explain each step before you book.