Will or no will – How to Probate in Jamaica

June 5th, 2011 by LegalWiz | Print Will or no will – How to Probate in Jamaica


[This specific article was taken from eHOW website. However, all responses to queries submitted have been researched within the jurisdiction of Jamaica by the Legal Wiz team before being made public on this site. We remain grateful for the several attornies-at-law who participated.]

WHO NEEDS TO PROBATE/WHY?

Probate can be initiated when 1) a person dies and doesn’t leave a will; 2) there are surviving family members that are possible beneficiaries; 3) a person dies but doesn’t have any beneficiaries to inherit his property; or 4) the appointed executors are deceased.

To represent the estate of the deceased as an executor, you must first obtain a granting of Letters of Administration from Resident Magistrate’s Court. Disputes regarding the decedent’s will are handled in the Supreme Court of Judicature of Jamaica.

PROCEDURES

Source: eHow to probate in Jamaica

STEP 1
Check the Island Record Office (which is part of the Registrar General’s Department) to make sure there is no prior will filed. To proceed with Probate, the decedent must have died without a will.
STEP 2
Obtain a death certificate directly from the Registrar General’s Department. A notarized copy or a copy signed by the Justice of the Peace is not acceptable for probate matters. The certified death certificate is then filed with the Administrator General’s department.
STEP 3
Gather marriage certificates, birth certificates and death certificates of all the persons who want to be named beneficiaries of the decedent. These original documents can be obtained through the Registrar General’s department.
STEP 4
Prove your relationship to the deceased if you are a common-law widow/widower. You must present a Declaration from the Family Court of the Supreme Court. If widowed, you must not have been legally married to someone else at the time of the common-law marriage and must have lived as husband and wife, as well as cohabitated, a minimum of five years prior to the common-law spouse’s death.
STEP 5
Verify your paternity with a Declaration from the Family Court of the Supreme Court if you were born out of wedlock without a father’s name on your birth certificate. Elder witnesses can verify that the paternity was known and established while the decedent was still alive.
STEP 6
Search for a probate lawyer after being named Executor of the decedent’s estate. The executor represents the estate of the decedent and has a list of the decedent’s beneficiaries. The lawyer will present the entire matter to the Administrator General’s office, who will decide the matters regarding the estate, including property distribution.

SPECIAL TIPS

  • If the decedent is your grandparent, you should obtain your parents’ death certificates and your birth certificate before proceeding to probate.Make copies of the original documents for your legal file at your lawyer’s office. Keep the original documents with your other important papers.
  • Keep in contact with the executor so that you will always know the status of the probate procedures.
  • Only those persons that have a right to claim a valid legal relationship to the decedent can lawfully become involved in the probate process.
  • Wait until the probate has been decided before taking property from the decedent’s estate. You may be ordered to return the property to the guardianship of the executor to be distributed to another beneficiary.
  • If you are a beneficiary, you will have to allow the executor to present the matter for probate.

USEFUL LINKS
Before probate in Jamaica, what can be done

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33 Comments

  1. Janelle Titus

    My mother died in Miami, Fl in 2008. We are probating her Estate here, there is an appointed Administrator in the State of Florida. Do we have to go through the same process for an Estate is Jamaica? If so, can we follow the steps above, or how do we probate from America?

  2. Legal Wiz

    @ JANELLE, May 12, 2012:

    Dear Janelle,
    Thanks for writing in. The probating of a will or letters of Administration, whichever applies to you, can be applied for from Florida. You however should get assistance from an attorney as the stages relating to Estate in Jamaica are to be taken through the Supreme Court. All the best.

  3. Kurt

    Hi Legal Wiz,
    A family member has dies and left a will (we believe); how can family members who believe they may be beneficiaries get access to a will if the executor does not provide it? Just wondering if there is a legal process to compel a will to be disclosed to family members.

    Thanks.

  4. @ KURT October 31 2012:
    Good day Kurt,
    Thanks for writing in. Your circumstances have to be weighed to determine the legal process applicable. Usually when the will is to be probated, or, if the need arises for family member applies for Letters of Administration with will annexed, the will has to be presented. Once a Will is done and valid, it must be presented.
    All the best!
    Legal Wiz

  5. Mark

    How long does it take (typically) to probate a will in Jamaica?

  6. Legal Wiz

    @ MARK January 1, 2013:

    Dear Mark,
    Thanks for your question. Typically, it usually takes six months to probate a will, but circumstances can dictate a longer period.
    All the best!

  7. MARCHEL PHILLIPS

    I WANT TO START THE PROBATE PROCESS FOR THE ESTATE MY DAD LEFT WHAT DO I NEED TO DO FIRST AND DO YOU HAVE ANY GOOD REFERRALS? THANKS MUCH

  8. @ MARCHEL PHILLIPS January 29 13 at 11:44 pm:

    Dear Marchel Phillips,
    Good referrals are available upon request and by procedures. The first step is to send an emailed request and then fill in an order form. Please write further to legalwizwork@yahoo.com. Keep connected for more updates and responses to queries by the public!

  9. Beverley Allen

    Hello,
    My son’s father died in 2009 leaving a will. My son was never notified of his father’s death. Through research he found his father’s obituary in The Jamaica Gleaner in 2011 which states all persons with claims should submit the claim within 6 weeks of the notice. Please advise how to proceed. Thanks in advance.

  10. @ BEVERLEY ALLEN, October 25 14:

    Hi, Beverley Allen, thanks for writing in.
    More details are needed to assist. For example, where did the ad say the claim should be made.

  11. Angela

    * My dad has died in England and left no will

    * all his assets are in Jamaica

    * how do l make a claim to the property

  12. @ ANGELA, November 25, 2014:

    Good day Angela,
    You will need to apply to be the Administratrix over his estates.

  13. Claudette

    My Grandmother dies 18 years ago and my elderly parents are STILL dealing with probate. She left a will naming my mother as executor. Is it feasible that this should take so long?

  14. Legal Wiz

    @ CLAUDETTE, February 19, 2016 at 5:10 pm

    Dear Claudette,
    You need to check the status at the court.

  15. Carol

    Hello,
    My father did a will in 2009 that named me and my siblings as beneficiaries to his property in Jamaica. He remarried 2010 and divorced in 2011. I live in Ontario Canada and according to the law here, if a will was made prior to marriage that will becomes null and void. That being said, is the will null and void in Jamaica?

  16. @ CAROL June 21, 2016:

    Dear Carol,
    A response to this was posted on the site. Nonetheless, marriage does nullify wills in Jamaica. Please consider relying on an attorney-at-law to assist with your issues.

  17. Jessica N Scarlett

    Hi

    I am the only child for my late mother who has never been married. She passed in 2008 in hospital Puerto Rico. Her autopsy and death certificate were emailed to me. Her body was flown back to Jamaica where I buried her, but without the original death certificate. She has property etc, but she never made a will. How do I proceed with the handling of her estate?

  18. @ JESSICA N SCARLETT, December 28, 2016:

    Good morning Jessica N Scarlett,
    Thank you for visiting and posting.
    Your comment is being queued for a response. An email response will be sent to you, and a response will be posted on this website for the benefit of the public.

  19. AngelaM

    Hellow
    My father is the sole benefactor of my grandfather’s estate in Jamaica according to the will he left when he died in 2003. My father did not probate the property and now there are family members living there, who refuse to move out and want to stake a claim on the property.

    My father did not seek legal action. How does he need to proceed? He has the will and my grandfather’s death certificate.

  20. @ ANGELA-M, February 22 2017:

    Dear Angela M. Please standby for a posted response.

  21. @ ANGELA-M, February 22 2017:

    Dear AngelaM,
    Application for probate should be started. The attorney who asists you can take necessary steps to get the family members off, if you indicate your interest in having them assist you with that as well. Write again!

  22. Heather

    My father died without a will. if his wife remarries does she retain 50% of his estate

  23. @ HEATHER, June 16, 2017:

    See website for response soon. Thanks for visiting.

  24. @ HEATHER, June 16, 2017:

    Dear Heather
    Checks made with an attorney revealed that unless she is mentioned in the Will, her rights are forfeited.
    Thanks for writing in. Keep glued to http://www.antheamcgibbon.com

  25. Joe

    Hello

    In 2010 my Jamaican grandfather passed away, He did not leave a will

    He has 4 children in England and 1 in Jamaica

    The law claims that his partner who he was not married to but lived with for the last 10 years of his wife is entitled to 50% of the house he owns. The other 50% belongs to the children.

    His partner refuses to leave and sell the property which is the wish of the children.
    The children including my mother is very upset by this and not sure what to do.

    The lawyers in Jamaica do not seem to be helping with the situation

    Please help

  26. Anneka

    My grandfather died a few years ago leaving an estate in Jamaica, their has been a few family issues and we have been told that he did not have a will. How would I find out if he did have one? Is it too late to start a probate process.

  27. @ ANNEKA, August 21, 2018:

    Dear Anneka,
    Its not too late. First research is necessary. If there is no will application for letters of administration is the necessary step. However grandchildren must meet certain criteria before they are eligible to apply for property belonging to grandparents.

  28. Richard Wright

    My deceased wife owned a house in Jamaica. She also has two adult children from a prior marriage. She died without a will in the Atlanta, Ga. U.S area. There was an unresolved divorce case, but this was neve completed. Who can claim ownership of the house in Westmoreland.

  29. Legal Wiz

    @ RICHARD WRIGHT September 24, 2018

    The spouse and children have rights. Either has priority to claim for administration. If either fail, then other relatives can claim, but in order of priority.

  30. Chris Davis

    My father died without a will. We are in the process of probating the will. Under the Will Act of Jamaica, is it admissible to register two executors on the will instead of an Executor and and Co-Executor to ensure no misuse of power and underhandedness between the deceased’s siblings (2).

  31. @ CHRIS DAVIS, October 12, 2018:

    Dear Mr Davis,
    We appreciate your writing in, but your request is vague. What do you need us to research? What are you querying? Keep connected!

  32. @ JOE, August 1, 2018:
    Without a clear query we cannot respond to you. Do you need assistance to reach out to the attorney for an update, or reference to another attorney, or research at the court to determine what has been started on your behalf.

  33. @ Alan Pipes, October 19, 2018:
    Dear Alan, Please stay connected while this response gets updated.

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