No will, so no executor, I need to administrate Jamaica land

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Your mom has died intestate i.e. leaving no will for Jamaican land. To get grant of administration, although seeming straightforward is a very technical process


QUESTION: Dear Legal Wiz
My grandmother died. Please tell me how I can apply for letters of administration as she left no will for her estate – land, jewelry etc. in Jamaica? I have learnt that I need letters of administration to be able to operate on her behalf with the land and other valuables she left behind.
Arianna McLeod, UK

RESPONSE: Dear Arianna McLeod, UK

Your mom has died intestate i.e. leaving no will for Jamaican land. To get grant of administration, although seeming straightforward is a very technical process. You will need to fill in a bunch of forms and/or write some letters to provide relevant information. As a start:
You will need to have proof of death, usually a death certificate, pay funds for stamping documents for filing in relevant court in Jamaica. You will need to prove your relationship. If your parents are dead, produce birth and death certificates. Your own birth certificate will be required.
There might be other charges depending on date of death, such as death tax.
If your parents are alive, they need to give you documented authority. (bro/sis need bc with endorsed names)
You will also then need to make an application to either Supreme or Resident Magistrate’s Court depending on the value of the estate. Bear in mind that the cost of stamping relevant documents also depends on the value of estate. Once the value of the estate exceeds 1,500,000.00, it must be dealt with in the Supreme Court

STEPS:
1. Collect and fill in and submit a ‘Particulars for Administrator General’ form, FP-2010, at THIS LINK -http://www.agd.gov.jm/particulars.pdf- (signed or notarised by JP (JA), Notary Public (USA), or Commissioner of Oath (UK)) to the Administrator-General Department
1a. The form must detail what estate comprises i.e. real and personal property and value of the same. Such as vehicles, land
1b. The form must have name of beneficiaries, age of beneficiaries
2. Make sure with that, you also submit

Death Certificate
WHERE there would have been a will, with executor refusing to act, a deed of renunciation signed by executor and stamped and recorded at Islands Office

WHERE an executor has died, proof of death of deceased executor if dead before granting of probate to will

Birth Certificate(s) of children claiming a benefit
Marriage Certificate (where applicable)
Proof of paternity (children born out of wedlock);
Oath of Administrator(s) for Letters of Administration with Will Annexed as prepared by Attorney
Applicable fee

3. The Administrator-General Department (AGD) will approve and issue Certificate of Approval
4. Your legal representative will combine all above and AG’s consent to apply to the relevant Court for ‘Letters of Administration” to be granted, so you can collect assets pay debts etc on behalf of deceased.
4. When granted the AGD will issue letters to all relevant parties

Where there are no complications it takes approximately 5 weeks.

WHEN APPROVED administrators should act according to the guide at THIS LINK:

Legal Wiz

NOTE:
Estate – real and personal property

Documents required for the processing of Estates
Completed [Form of Particulars]
Burial Order
Itemized Bill from Funeral Parlour Re: Funeral for the deceased
Death Certificate
Funeral Receipts
Marriage Certificate
Decree Absolute
Declaration of Common Law Spouse
Birth Certificate
Adoption Certificate
Declaration of Paternity from Court
Affiliation Order
Maintenance Order

Personal Property

Bank Passbook
Certificate(s) of Deposit
Share Certificate(s)
Bond Certificate(s)
Life Insurance Policy
. Motor Vehicle Documents
Certificate of Title
Certificate of Registration
Certificate of Fitness
. Real Property
. Documents of Title to Property (Registered Title, Conveyance, etc.)
Sale Agreement
Purchase Receipt
Pre-checked Plan and Diagram
Declarations of Ownership (2)
Tax Receipts

Original Will
Deed of Renunciation
Power of Attorney
Memorandum of Association of Company
Articles of Association of Company
Claims on Estate with supporting Documents
Other documents may be required under certain circumstances

Please read more here:
ADMINISTRATION OF JAMAICAN ESTATE – LAND, VEHICLES ETC.
http://www.agd.gov.jm/administrationOfEstates.html
http://www.agd.gov.jm/AdministerOnEstate.html
HOW CAN I APPLY FOR THE LETTERS OF ADMINISTRATION DOCUMENT?
http://moj.gov.jm/admingen/faqs
THE AGD’s ROLE
http://www.moj.gov.jm/node?from=174

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