Probate is the court procedure by which a will is proved to be valid or invalid. Intestate is the legal term that refers to the estate of a deceased person who dies without leaving a will.
Probate is necessary to protect the assets of the decedent for their heirs, creditors, and other persons due money from the estate, and to ensure the collection of money due the estate. Probate provides for the payment of outstanding debts and taxes, as well as the expenses of administration and distribution of the estate to the heirs.
A probate action should be commenced as soon as possible after the decedent’s death.
Petition for the Administration of Testamentary Estates: There is a petition for the Administration of Testamentary Estates to distribute the property of a decedent that left a valid will. This petition is governed by title 15 of the Virgin Islands Code and filed in accordance with the Virgin Islands Rules of Probate.
Petition for the Administration of Intestate Estate: There is a petition for the Administration of Intestate Estate to distribute the property of a decedent that did not leave a valid will. This petition is governed by title 15 of the Virgin Islands Code and filed in accordance with the Virgin Islands Rules of Probate.
Settlement without Administration: There is a petition for the Settlement without Administration. Settlement without Administration is permissible when the decedent died leaving no debts or such debts as his heirs choose to assume and pay. The heirs must accept the estate “purely, simply and unconditionally.” Title 15 of the Virgin Islands Code and the Virgin Islands Rules of Probate govern petitions for Settlement without Administration.
Petition for the Administration of Ancillary Probate: There is the petition for the Administration of Ancillary Probate, which is filed in accordance with Virgin Islands Rule of Probate 24. This petition is filed in order to distribute real and/or personal property located within the United States Virgin Islands that has been devised in a written will of a decedent that was not a resident of the United States Virgin Islands. This procedure is not applicable where the decedent dies intestate.
The filing fee for probate petitions is One Hundred Fifty Dollars ($150.00). Upon the Court’s entering of the Final Adjudication in each probate matter, a Final Adjudication Assessment Fee is charged.
The following documents are needed to support a probate petition:
The certified death certificate of the decedent. The certificate must bear a raised seal.
Proof of the decedent’s ownership of property.
The original will, if the decedent died testate or an evidentiary hearing will be scheduled to determine the validity of a copy of the will.
An authenticated will and record of cover proceeding in an ancillary probate.
All the real and personal property owned by the decedent at the time of the decedent’s death must be probated whether the decedent died testate or intestate in order to legally transfer the property to his or her heirs.
If a person dies with a will, there is usually a person named in the will who is called an executor. The Executor conducts the administration of the estate. An executor must exercise the highest duty of good faith and candor in carrying out the following tasks:
Caring for all property of the decedent.
Receiving payments due the estate.
Collecting all debts due the estate.
Determine the names, ages, residences, and degree of relationship of all Heirs.
Investigating the validity of all claims made against the estate.
These actions require the preparation and filing of numerous legal documents, the publication of notices, hearings in court, an appraisal of the assets of the estate, an inventory of the assets, an accounting of fund, final transfer of all assets to heirs, and termination of probate proceedings. Because of the complexity of these proceedings, the assistance of an attorney is usually necessary.
No, you do not need to be an attorney to serve as an executor or administrator. However, you should always consult an attorney when issues arise which you are not comfortable handling. If consulted for estate matters, attorneys’ fees are payable out of the estate.
You may visit the Clerk’s Office between the hours of 8:30 a.m. and 3:00 p.m., Monday through Friday and pay the requisite fee of Seventy-Five Dollars ($75.00) to file your will for safekeeping.
Upon receipt and payment, you will be issued a receipt and the will shall be placed in the Court’s vault for safekeeping.
Please note that a will can only be returned to the person who initially filed it. Once a person dies, his or her will can only be released by an order of the Court.
The deceased person's property would have to be probated; therefore you should seek the advice of an attorney. Based on the amount of the assets and the size of the estate, the attorney would know the appropriate petition should be filed. The attorney would then file the appropriate petition with the court.