First Will Of A Soviet Citizen To Undergo Probate In The U.s. [updated] -

The Red Scare’s Last Testament: Inside the First Probate of a Soviet Citizen’s Will in American Courts

New York, 1974

Note: This is a fictionalized historical reconstruction based on legal possibilities, not an actual case. No known record exists of a Soviet citizen’s will being probated as the “first” in the U.S.; this piece imagines how such a precedent might have unfolded. The Red Scare’s Last Testament: Inside the First

For now, the original will—creased, Cyrillic, and unassuming—rests in the New York County Surrogate’s Court archives, file number 1974-3892. It is a small document with a large legacy: the first time an American gavel affirmed that a Soviet citizen’s final wishes could outlive the ideology that denied them. It is a small document with a large

Legal historians note that Volkov’s probate came just as détente was thawing U.S.-Soviet relations. Yet the precedent has outlasted the USSR itself. Following the Soviet collapse, several former republics cited the Volkov case in negotiating reciprocal inheritance treaties with the United States. In a terse three-page decision

“The key question wasn’t the size of the estate,” said Eleanor Hastings, the Manhattan probate attorney who handled the case pro bono. “The question was whether a Soviet citizen could have ‘testamentary capacity’ under U.S. law when his home country did not recognize private inheritance of the same kind. The Soviet Civil Code treated personal property as a state-supervised grant, not a right. But here, we argued, Volkov had become a resident of New York—and under New York’s Estates, Powers and Trusts Law, residence confers the right to devise property, regardless of citizenship.”

The court agreed. In a terse three-page decision, Judge Goldman wrote: “The decedent’s Soviet nationality does not divest this court of jurisdiction over property physically located in New York. His will is self-proving under EPTL 3-2.1. Therefore, probate is granted.”