Losing a loved one can be one of the hardest life events we may ever face. If they die while traveling abroad, this can be even harder thanks to the bureaucratic hurdles and emotional burdens that may accompany their loss.

Step One – US Bureau of Consular Affairs

When the death of a US national takes place in a foreign country, the local officials will typically try to contact the US embassy or consulate. At this point, the US Bureau of Consular Affairs will reach out and find the next of kin for that US citizen. Usually, when someone is traveling with friends and/or family, these individuals will let the family in the States know of the event. However, even if you are contacted by those traveling with your loved one, you should still contact the Bureau in the country where your family member has died. The Bureau serves many different functions including:

  • Confirming identity, citizenship, and death of your loved one
  • Find and notify next of kin
  • Work with the legal representative in the handling of your loved one’s physical remains and any personal effects they may have had with them
  • Guide you on being sure that monies needed to cover any medical, burial, or other such costs go to the appropriate parties
  • Help with a limited range of legal issues for the deceased in the event that no legal representation in the country is available
  • Assist in preparing documents allowing for the handling and transfer of your loved ones remains
  • Prepare and send legal copies of the Consular Report of Death of a US Citizen Abroad to you or to the legal representative in charge of handling your loved one’s estate matters
  • If your loved one is to be buried or cremated, they will oversee this and ensure that any personal property is distributed according to the wishes of the deceased

You may find current contact info for consulate offices in various countries by going to www.travel.state.gov. Please keep in mind that the US consulate is not able to provide financial assistance for any expenses tied to the death, disposition, or transport of your loved one’s remains.

Once you have enlisted the help of the US consulate, there are a few things that you should keep in mind.

Obtain a Death Certificate

One of the first tasks you should enlist the aid of the consulate in completing is to obtain a copy of the death certificate for your loved one. Without this, you won’t be able to submit insurance claims, and you won’t be able to make claims on any property that may have beneficiary designations. Without the certificate you also wouldn’t be able to file probate. Remember, while some countries are rather expedient about issuing death certificates, others may take time. Please be prepared if there is a delay in receiving the certificate.

Legal Issues

One issue that surrounds dying in another country is the fact that the deceased is subject to that country’s laws. Being a US citizen does not give them immunity to that country’s laws and regulations. This can play a large role when there are circumstances such as death caused through automobile or boating accidents. This can determine whether there are civil liabilities that may apply. If this is the case, please be sure to request that the US consulate refers you to reputable legal counsel who may be able to represent your loved one’s estate in the matter of liability. If the consulate cannot make this sort of referral, and if the deceased was abroad on business, then the employer may be able to help establish a relationship with legal counsel in the country and may be able to help in these matters. Be sure to reach out to human resources at your loved one’s place of employment to see if they may be able to assist.

Depending on the circumstances of their death, the deceased may have also generated hospital expenses. Establishing your legal authority to handle these matters is extremely important. Again, the US Consulate should be willing and able to help in getting whatever documentation you need for someone to be appointed as the legal representative for the deceased’s estate.

It is important to point out that even though you may be appointed to be the legal rep for your loved one’s estate so that you can address any final affairs, this doesn’t mean you get the same authority that you would in the event your loved one had died in the United States. It is possible that probate must be opened in the home county of residence back in the United States before the settlement of their affairs can take place.

Transportation of the Remains

You may experience delays in returning the remains of your loved one home from the foreign country where they have died. This can be tied directly to the need for an autopsy or other such evidentiary matters. If this year hasn’t taught us anything else, it’s that an issue such as an infection disease can also cause a major delay in the return your loved one’s remains. Whether it’s a foreign agency that requires the delay, or whether you must obtain permits from the US Center for Disease Control, you may have to make special arrangements in this case. There are several countries that require embalming before remains may be transported. Others offer cremation and local burial options if you decide not to transport the remains back to the States. Don’t hesitate to reach out to the Consulate if you have questions about which options are available.

If you are looking to transport the remains back to the States, be sure to also reach out to any airlines servicing those countries. Many of them offer bereavement specials so that your loved one’s remains may be transported affordably and with the dignity that is deserved.

Imagine that you know you have the legal authority to decide how your loved one’s remains will be handled. The question then is whether you have the necessary documentation to back up this claim. Such documentation should hold up under scrutiny by the US consulate, any local agencies, and even the airlines. This sort of authority is typically established by an individual’s will or estate plan. If the authority is established in a will you may need to work with an attorney to go through the probate process so that your authority may be recognized by the country where your loved one died. This is where having a local attorney experienced in probate law can be a must.

Why Advanced Planning Matters

Part of traveling abroad means making sure you have all your essential documents in order. A proper estate plan is a must. This would include not only your will, but any powers of attorney, revocable living trust, and healthcare directives. You must also make sure that these are available if something unfortunate happens to you while outside the US.

Before you or your loved one heads out of country for your next trip, contact us. We can set up a time to go over all your estate planning documents, or help you create a new one, so that you can be sure that you have the proper steps in place to be able to provide for you and yours.