The Superior Court has exclusive jurisdiction over the probating of wills and the administration of decedents’ estates. The settlement of estates of deceased persons and fiduciary relations is governed by title 15 of the
Virgin Islands Code.
The Probate Division is an integral component of the Clerk’s Office. The division maintains all pending case files and all wills that have been deposited with the Clerk of the Court in accordance with 15 V.I. Code Ann. § 22. The procedures which all probate and other fiduciary matters must follow are outlined in
The Virgin Islands Rules of Probate and Fiduciary Proceedings (V.I.R.Prob.)
Important Terms
Probate is the court procedure by which a will is proved to be valid or invalid. It is the legal process wherein the estate of a decedent is administered.
Decedent is a person who has died.
Intestate is the legal term that refers to the estate of a deceased person who dies without leaving a will.
Testate is the legal term that refers to the estate of a deceased person who leaves a will.
Will is a written declaration of a person’s wishes concerning the distribution of property standing in his or her name after death executed in accordance with specific legal procedures.
Executor is the legal term that refers to the person named in a will to manage and settle an estate and to carry out the directions and mandates of the decedent.
Fiduciary is the legal term that refers to an individual who holds property in a position of trust for another such as an executor, administrator, trustee, guardian, or conservator.
Four Types of Probate Petitions
A probate petition is the procedure by which the estate of a deceased person is distributed to his or her heirs. There are four types of probate petitions:
Administration of Testamentary Estates: Governed by Virgin Islands Code title 15, chapters 1, 11, 15, 17 (if decedent owned a business partnership), 19, 21 (if decedent has a widow(er) and/or minor child(ren)), 23, 25, 27, 29 ; and the Virgin Islands Rules of Probate (V.I.R.Prob.) 3, 5-21, 25 and 31-34 (if a guardian is appointed)
Administration of Intestate Estate: Governed by Virgin Islands Code title 15 chapters 3, 11, 13, 15, 17 (if decedent owned a business partnership), 19, 21 (if decedent has a widow(er) and/or minor child(ren)), 23, 25, 27, 29; and the Virgin Islands Rules of Probate (V.I.R.Prob.) 4 -6, 10-21, 235 and 31-34 (if a guardian is appointed)
Settlement without Administration: (Governed by the Virgin Islands Code title 15, chapter 13; and the Virgin Islands Rules of Probate (V.I.R.Prob.) 23) This petition is permissible when a person dies intestate, leaving no debts, or such debts as his heirs choose to assume and pay. The heirs must accept the estate purely, simply and unconditionally.
This petition is also permissible when a person dies testate, after appointment of executor, inventory and appraisement. The decedent must leave leave no debts, or such debts as his heirs choose to assume and pay. These heirs must accept the estate purely, simply and unconditionally.
Administration of Ancillary Probate (Foreign Wills): (Governed by the Virgin Islands Rules of Probate (V.I.R.Prob.) 24, 25)) Where real and/or personal property, located within the United States Virgin Islands has been devised or bequeathed by the written will of a nonresident testator, the devisees or legatees entitled under the will, to the property in the United States Virgin Islands may apply to the Superior Court to be placed in the possession of such property. Procedure is not applicable where the decedent dies intestate.