Taking a vacation is meant to be relaxing. Whether it is at an all-inclusive resort in the Caribbean or soaking up European history, travelling abroad should be worry-free. However, life and death don't stop just because somebody is away from home. If a person passes away while in another country, there are several steps to take including handling remains, notifying family members, and dealing with an estate. This process can become complex due to international laws, logistical challenges, and cultural differences.
Here's what typically happens when somebody passes away in another country:
1. Notification of Authorities
When a death occurs abroad, the local authorities must be notified by the hospital, hotel staff, or whoever discovers the death. If the deceased is an American citizen, the U.S. Embassy/Consulate will be notified and will coordinate with local authorities. Depending on the circumstances of death, such as a sudden, suspicious, or unexpected death, local police may investigate.
2. Next of Kin Notification
If someone accompanying the deceased or a local resident is aware of the next of kin, they may notify them directly. If not, the U.S. Embassy/Consulate will notify the next of kin, then provide guidance on the next steps, including repatriation of the body and dealing with the local legal system.
3. Death Certificate
A death certificate will be issued by local authorities. This document is necessary for legal and administrative purposes, such as closing accounts and initiating the probate process. The certificate may need to be translated into the deceased's home country's language and authenticated for use there.
4. Disposition of the Body
The next of kin may choose to have the body buried or cremated in the country where the death occurred. This can be less expensive and logistically simpler than repatriation. If the family wishes to have the body returned to the home country, the process involves embalming the body; placing the body in a sealed coffin then in an appropriate container for transport; arranging transportation of the remains, which may take days or weeks and can be costly; and obtaining the required documents, such as the local death certificate, a permit to transport the body, and possibly a certificate of embalming.
5. Personal Effects
The deceased's personal belongings, such as documents, luggage, and valuables, will need to be inventoried and sent to the next of kin. Items of significant value or restricted items may need to go through customs before they can be sent home. The U.S. Embassy/Consulate can assist with this process.
6. Legal and Financial Matters
The estate of the deceased may be subject to the legal processes of the country where the death occurred, including paying local taxes or dealing with local bank accounts or property. The will, if one exists, will need to go through the probate process in the deceased's home country. This can be more complicated if there are international assets or multiple jurisdictions involved. If the deceased had travel insurance, the policy might cover repatriation costs and other expenses. In this case, the family should contact the insurance company as soon as possible.
7. Estate-Planning Considerations
If the deceased had an international will, it could simplify the process of handling their estate across different countries. If the deceased had separate wills for different countries, these must be coordinated carefully to avoid conflicts in the estate distribution.
8. Costs
Repatriation and international legal processes can be expensive. Travel insurance may cover some costs, but families should be prepared for potential financial burdens, such as embalming, legal fees, transportation, and any unpaid bills in the foreign country.
9. Dealing with Local Customs and Laws
Different countries have varying customs, traditions, and legal requirements for dealing with death, including requirements for autopsies, delays in releasing the body, and documentation needed for repatriation. The family may need to navigate these differences, often with the help of the local embassy or consulate.
10. Returning to the Home Country
If the body is repatriated, it will be returned to the home country for burial or cremation. If cremation occurs abroad, the ashes can be transported more easily, but still require documentation. The death may need to be registered with the home country's government, even if it occurred abroad. This may involve submitting the foreign death certificate and other relevant documents.
Contact an Estate-Planning Attorney Today
When somebody passes away abroad, those handling the situation will likely face many challenges, which can be especially upsetting while grieving. To help travelers vacation with ease, advanced planning is key. The assistance of travel insurance and a clear estate plan outlining the deceased's wishes are ideal measures to put in place to alleviate some of these potential international difficulties. To set up a consultation regarding your estate plan, fill out our online form or call us at (248) 873-3244.
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