Pre-probate application process for Jamaica

[This article is based on research, including discussions with attornies-at-law.]

TO PROBATE OR ADMINISTER BY LETTER?

Prior to probate or administration, determine who will apply for probate or administration if it wont be you.
Sort to see which of the following category applies:
– The Executor who is willing to act
– There is an Executor, but he wont act
– There is no Executor named
– The Executor dies

NB: Any arising disputes regarding the decedent’s will or the Administration application will be handled in the Supreme Court of Judicature of Jamaica. The important thing is to be aware of any pending dispute possibilities and make your attorney aware.

PROCEDURES

The court for filing is determined by the value of the estate.

STEP 1

Make contact with the executor, and where he refuses to act, one of the beneficiaries must apply for letters of administration.

STEP 2

Take check of relevant fees relating
DOCUMENTS eg death certificates, marriage certificates, birth certificates original Will
LABOUR costs for example research, attorney fees

STEP 3

VERIFICATION OF RELATIONSHIP

STEP 4

Secure a probate lawyer who will present the application to the Administrator General’s office, who will decide the matters regarding the estate, including property distribution.
OF COURSE, getting an attorney-at-law is not compulsory but goes a far way to avoid trouble later.
If your matter is straightforward, and dispute free, you may consider a non-attorney who is legally trained

Will, or no Will, how to probate

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EDITOR’S NOTE:
This article was written by senior journalist Anthea McGibbon, after intense research. It is not meant to be taken as independent professional legal advise. For more information or further research contact legalwizwork@yahoo.com.
For any legwork, fees may apply.

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