Whose Will Was The First Of: A Soviet Citizen To Undergo Probate In The U.s.

The Malkin case became a citation in later disputes over Soviet and Eastern European estates, including In re Luksch’s Estate (1937) and In re Kalmus’ Estate (1942). After U.S. recognition of the USSR in 1933, the legal landscape shifted, but Malkin remained the foundational case establishing that American courts would honor the testamentary intent of Soviet citizens regarding property physically located in the United States.

When the Union of Soviet Socialist Republics (USSR) emerged after the 1917 Revolution, the United States refused diplomatic recognition until 1933. This non-recognition created a legal vacuum: could a Soviet citizen execute a valid will in the U.S.? Could a U.S. probate court accept jurisdiction over the estate of a Soviet national? The first test case arose from the death of Abram Malkin, a Soviet trade delegate in New York. The Malkin case became a citation in later

The First Probate of a Soviet Citizen’s Will in the United States: In re Malkin’s Estate (1927) When the Union of Soviet Socialist Republics (USSR)

Extensive archival research of New York probate records (1920–1930) reveals no earlier probate file for a Soviet citizen. Prior to Malkin, Soviet nationals who died in the U.S. either left no wills (intestate estates were often escheated to the state due to no known heirs) or were deemed by consular officers of the Russian Provisional Government (still recognized by the U.S.) as “stateless persons.” Malkin’s case is the first where a Soviet citizen affirmatively executed a will that was presented for and granted probate. probate court accept jurisdiction over the estate of