Dealing with ‘dead left’ will or no will

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WHO NEEDS TO PROBATE/WHY?

Any one who stands to benefit from the deceased left behind properties need to go through probate and where there is no will, administration is granted.

Basic categories for probate or administration

Probate can be initiated when 1) a person dies and leaves a will; 2) there are surviving family members or other named person 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; 5) a person dies and leaves no will.

To represent the estate of the deceased as an executor, you must first obtain Grant of Probate from the courts-of-law. Today you can apply at the parish courts for estate valued under two million and at the Supreme Court for more than that value. Disputes regarding the decedent’s will are handled in the Supreme Court of Judicature of Jamaica.

PROCEDURES

NOTE: Administrator General’s department handles some cases especially where minors are left to benefit.

STEP 1
Check the Island Record Office (which is part of the Registrar General’s Department) to make sure there is no prior will registered. To proceed with Probate, the decedent must have died leaving 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.

STEP 3
Gather marriage certificates, birth certificates and death certificates of all the persons who are to be named beneficiaries of the decedent. These original documents can be obtained through the Registrar General’s department.
STEP 4
Prove relationship: Prove your relationship to the deceased if you are a common-law widow/widower. You must present a Declaration from the Family Court or 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.
Prove relationship b:
Verify any 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 5
Executors should search for a probate lawyer. The executor represents the estate of the decedent and has a list of the decedent’s beneficiaries. The lawyer or representative from the Administrator General’s office will present the entire matter to the Court, 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.
  • Beneficiaries must keep in contact with the executor and always abreast with 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 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.
  • If you cannot afford an attroney, you must get a reliable person who is qualified in document, to assist in document preparation only.

USEFUL LINKS
Before probate in Jamaica, what can be done

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EDITOR’S NOTES:
The above does not constitute legal advice, and are done by inhouse senior journalists, chiefly Anthea McGibbon, after research and discussion with attorneys-at-law and other specialists, as necessary. Please remember that names are changed at times by request of the person seeking information. Although articles and findings are researched, opinions offered on this site are for informational purposes only and are not intended to provide specific advice to any individual. This information is not intended to be a substitute for individualized tax, legal, or investment advice. Therefore please consider discussing your specific situation with a qualified tax, legal, or financial advisor.

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