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 article was taken from eHOW website.]


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.



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.
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.
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.
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.
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.
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.


  • 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.

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  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

    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.


  4. 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

    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!



  8. Dear Marchel Phillips,
    Good referrals have writen their appreciation on this site, but you can have others in addition. The first step is to provide a copy of the will for review. Please write further to legalwizwork@yahoo.com

  9. 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.

  10. Beverley Allen

    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.

  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. 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?

  13. Carol

    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?

  14. 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.

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

  16. Jessica N Scarlett


    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?

  17. 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.

  18. AngelaM

    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.

  19. Dear Angela M. Please standby for a posted response.

  20. Heather

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

  21. See website for response soon. Thanks for visiting.


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