Not automatically, but there is a common reason to file anyway. Executors of US citizen and resident estates above the filing threshold have to file, and estates below it may still file in order to make a portability election, which exists only on a filed return. So the question is not simply whether the estate is over the line. It is also whether the surviving spouse's position depends on something that can only be preserved by filing now. Work out the worldwide estate first, because for a citizen or resident the base includes assets wherever they are situated, and an estate that looks small in one country can be a different size once everything is counted.
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Executors of US citizen and resident estates above the filing threshold, and those making a portability election. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.
The rule on who files
Executors of US citizen and resident estates above the filing threshold, and those making a portability election.

The exception that catches people
Worldwide assets are in the base, so a US citizen who spent a life abroad leaves an estate that must be valued in several currencies and reconciled with foreign probate and death-tax filings before anything can be distributed.
Where to go from here
The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on 706 — US estate return. If that describes your position, the next step is a short call — not a form.
Checked and signed off for the 2025 and 2026 filing seasons by Udit Gupta, International Tax, Cross-Border Tax & Transfer Pricing Expert, Legal Quotient Consultants. This is general information rather than advice about your file — a short call is the way to get the second.
What these engagements turn on
Worldwide inventory for a citizen who lived abroad for decades
The deceased was a US citizen who had spent most of a working life outside the United States, and the estate held accounts and property in several countries. The executor had started from the US-situated assets, which was the wrong end. We built the inventory from the worldwide position, valued each asset under local practice, converted on a stated basis as at the date of death, and reconciled the schedule against the foreign probate inventory. The engagement produced a filed estate return, a currency conversion note, and a reconciliation showing why the two administrations' schedules differed where they did.
Read how this one runsEstate below the threshold filed to preserve a spousal election
The estate was comfortably under the filing threshold and the family's first instinct was to file nothing. The surviving spouse's position was the reason to file. We set out that the portability election exists only on a filed return, prepared a complete inventory notwithstanding the size of the estate, and filed on that basis. The engagement produced a filed return carrying the election and a written record for the surviving spouse to keep, so whoever administers the second estate can see what was elected and what inventory it rested on.
Read how this one runsReconciling a foreign probate inventory with the US schedules
Executors were administering the same estate in two countries, each with its own asset schedule, and the schedules did not match. Distribution had stalled. We took both inventories line by line, identified where an asset appeared once, twice or under a different description, and agreed a single valuation basis and date. The engagement produced one reconciled schedule both administrations could work from, a filed US estate return built on it, and a short memorandum explaining each remaining difference so neither side had to revisit it later.
Read how this one runsEvidencing death taxes paid in another country
The family knew a death tax had been paid abroad but held only a bank transfer as proof. The US return needed to show what had been charged and on which assets. We obtained the foreign assessment and clearance through the lawyers who had acted there, had the material translated, and tied each line to the corresponding asset on the US inventory. The engagement produced a filed return with the foreign death tax position documented and cross-referenced, and a file the executor can produce if the point is ever examined.
Read how this one runsOne valuation date for assets in two jurisdictions
The estate held property in the United States and abroad, and each set of advisers had valued its own asset on its own convention and its own date. That left the estate asserting different things about the same death. We settled a single valuation date and a single conversion basis, instructed valuers on consistent assumptions, and documented where local practice genuinely required a different approach. The engagement produced a coherent worldwide inventory behind the filed return, and a note of the assumptions so that a later reader can see the remaining differences were deliberate.
Read how this one runsEstablishing the status of the deceased before filing anything
An executor abroad did not know whether the deceased counted as a US citizen or resident for these purposes, and had therefore filed nothing at all. The status question decides which estate return applies, and whether the base is worldwide or only the assets situated in the United States. We assembled the documentary history — citizenship papers, immigration records and the residence pattern — and set out a position with the evidence behind it. The engagement produced a documented status conclusion, a filed return on that footing, and a list of records the estate should retain in case the point is revisited.
Read how this one runsA Non-Resident Estate Holding US Assets
US situs assets sit inside the US estate tax net regardless of where the owner lived, and the exemption available to a non-resident is not the resident one. The file establishes situs asset by asset before any relief is claimed.
Read how this one runsInformation Returns Missed Behind a Correct Return
The heaviest exposure on a cross-border file is often a disclosure form rather than the tax. Where the return itself was right, the procedures for late information returns turn on a reasonable-cause narrative with dates and documents behind it.
Read how this one runsAll case studies — every published engagement in one place.
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More on Form 706
Citizenship is what puts the estate in scope, not where the person was living when they died. The estate of a US citizen is measured on worldwide assets, so a life spent outside the United States does not narrow the base — it widens the work, because the assets have to be valued in several currencies and reconciled with foreign probate and any death taxes paid elsewhere before anything can be distributed. Whether the return is required then depends on the size of that worldwide estate against the filing threshold, and on whether a portability election is wanted. Start from a complete inventory rather than the US-situated part of it.
That is a recognised reason to file an estate return, and for many estates it is the only reason. The election is made on the return, so an estate that files nothing makes no election. The decision is about the surviving spouse's later position rather than the tax on this death, which is why it is easy to postpone and then lose. Two practical points. The inventory still has to be complete, because an election made on a return with gaps is only as good as the return. And the decision is far easier taken while the executor is still gathering records than years afterwards, once they have been dispersed.
Yes. For a citizen or resident estate the base is worldwide, so foreign bank accounts, foreign property, foreign pensions and shares in foreign companies all belong in the inventory. That is the single biggest difference between this return and the one filed for a non-resident estate, which looks only at property situated in the United States. In practice it means three extra pieces of work: valuing assets under local practice, converting them on a stated basis, and reconciling the result with whatever a foreign probate process has recorded for the same assets. Where the two schedules disagree, somebody will eventually ask why, so document the reason at the time.
The return is where foreign death taxes paid are brought into the picture, so evidence of them belongs with the estate papers from the start. The practical difficulty is not the principle but the proof: another country's assessment, receipt or clearance has to be obtained, translated where necessary, and tied to the same assets on the US schedule. Executors often have the tax paid but not the document showing what it was charged on. Ask for it while the foreign administration is still open. Once a foreign estate has been closed and distributed, obtaining a clean copy of what was assessed becomes a request rather than a right.
The executor or personal representative of the estate signs and files it, and that is so whether the appointment came from a US court or a foreign one. A foreign grant of probate does not create a separate foreign filing route; it identifies who is acting. The person acting is also the only one who can assemble what the return needs, since the base is worldwide: the inventory, the valuations in each currency, the conversion basis, the foreign probate schedule and any foreign death taxes paid. Where two people are appointed in different countries, decide early which of them carries the US return, because duplicated inventories rarely agree.
For a resident, yes — worldwide gains are taxable, and the gain is computed in your own currency, so the exchange rate at purchase and at sale changes the number even when the local-currency price did not move. The country where the property sits usually taxes it too, often with a withholding or clearance step before closing, and that tax becomes a credit. A principal residence relief may apply to a home abroad on the same terms as one at home. See principal residence and foreign property.
The inheritance itself is often not income to you, but three other things can create tax: the estate may owe tax where the deceased or the property was situated, some countries tax the recipient directly, and the gain from the date you inherit to the date you sell is yours. Reporting obligations can also attach to holding the asset. See inheriting property abroad.



