EB-5 Source of Funds from Inheritance

A will, probate order, succession certificate, estate distribution, beneficiary designation, or local equivalent can establish inheritance.

Inherited money or property can serve as a lawful EB-5 source when the investor establishes the legal basis for receiving the asset and the financial path into the investment. The appropriate inheritance evidence depends on the governing law and estate procedure. A will, probate order, succession certificate, beneficiary designation, estate distribution record, notarial instrument, or comparable local document may establish entitlement. The filing should identify the decedent, the investor's relationship or beneficiary status, the asset inherited, and the date of distribution. If the inheritance process was informal, the petition should explain the legally recognized mechanism and provide corroborating records.

Where the inheritance consists of substantial cash, property, a business, or securities, evidence of the decedent's ownership can help establish the legitimacy of the inherited property.

The investor may also need to establish the decedent's ownership of the inherited asset when that history is necessary to show that the property or funds were lawfully available for distribution. Relevant evidence can include bank statements, property records, securities statements, business ownership records, purchase documents, or tax records. The level of tracing should reflect the value and nature of the inheritance. USCIS source review is strongest when the record shows a credible chain from the decedent's ownership through the estate or succession process to the investor, rather than beginning only with a large unexplained deposit into the investor's account.

Probate records, executor documents, estate bank records, and government certificates can corroborate the distribution.

Estate administration records can corroborate both legal entitlement and the actual movement of inherited assets. Depending on the jurisdiction, useful documents may include probate filings, executor or administrator appointments, inventories, court orders, succession certificates, estate bank statements, distribution schedules, receipts, and government registration records. The petition should explain local terminology when the process differs from US probate practice. If multiple beneficiaries received distributions, the records should identify the investor's share. If the estate sold property before distributing cash, the file should include the sale and estate account records needed to connect that transaction to the investor's eventual EB-5 funds.

Applicable tax returns, payment records, or evidence that no tax was required can help resolve the transaction's legal and financial history.

Inheritance, estate, transfer, or related taxes should be addressed when the governing jurisdiction imposes them or requires reporting. Tax returns, assessments, payment receipts, exemption certificates, accountant letters, or legal explanations can help show that the succession was handled through the applicable legal process. If no tax return or payment was required, the petition can explain why and provide the supporting rule or professional evidence where useful. Tax documentation is corroborative rather than a substitute for the inheritance record itself. The objective is consistency between the legal succession documents, the investor's financial records, and the amount later used for EB-5.

If inherited property or securities are later sold, both inheritance and sale records should be included in the chain.

If inherited property, securities, or a business interest is later converted to cash, the source analysis should document both stages: acquisition by inheritance and later monetization. For inherited real estate, that may require title records, a sale agreement, closing documents, tax records, and receipt of proceeds. For securities, brokerage statements and trade confirmations may be appropriate. The resulting funds should then be traced through bank accounts, currency exchange, and wire transfers into the new commercial enterprise. A transaction chronology can make a multistep inheritance path easier to follow and can explain fees, taxes, exchange losses, or partial distributions along the way.

• Death certificate
• Will
• Probate or succession order
• Estate records
• Asset ownership records
• Tax records
• Distribution records
• Bank statements

A complete inheritance source package usually combines legal succession evidence with financial tracing. Depending on the facts, exhibits may include the death certificate, will, probate or succession order, beneficiary records, executor documents, asset ownership records, estate statements, distribution receipts, tax documents, property or securities sale records, bank statements, exchange records, and wire confirmations. Certified translations should be used for material foreign language records. The cover narrative should identify each step and amount in sequence. Where a document is unavailable because of local practice or age, the petition should explain the gap and provide reliable substitute evidence rather than leave the transfer unexplained.