News and Insights
22 May 2017
This video covers fast track probate for someone who dies outside of Jersey (but in the British Isles or the UK) and has assets in Jersey.
Probate is the process that an executor or an administrator has to go through in order to obtain legal authority from the court to deal with the affairs of the deceased.
In order to obtain probate in Jersey the executor has to obtain a Jersey Grant of Probate or (where there is no will) Letters of Administration. These documents are obtained from the Jersey Royal Court.
What’s the first step in obtaining fast track probate?
To begin the process it’s necessary to establish who is the appointed executor. If there is no will, or the named executor has died, or declined involvement, the person who is entitled to obtain probate will need to be identified. This varies between countries but is usually a family member.
Just to be clear, if using the fast track application, probate needs to be obtained in the country of domicile before the Jersey process can begin.
Once probate is obtained an official probate document will be issued. This confirms to the asset holder (for example a bank or investment company) that the executor has the authority to act.
To be valid in Jersey it is this document which needs to be re-sealed in the Jersey Court so that it will be recognised on the Island.
What documents are needed for fast track probate in Jersey?
The main documents needed to obtain probate in Jersey are the death certificate and the probate document. An oath will also have to be signed by the executor or administrator in front of a Solicitor or Notary Public.
If the executor named in the will has died, or has declined involvement, then evidence of this will need to be provided to the court before probate is granted. The Jersey Court will only accept the original probate document, or a court sealed and court certified true copy of the original. Local copies are not accepted as the application is being made offshore.
What about inheritance tax?
It is worth noting that there is no inheritance tax in Jersey, however stamp duty is payable on the value of the Jersey assets, together with an £80 court administration fee. Stamp duty is paid at the time of the application so cannot be paid from the Jersey assets after probate has been granted. The fast track application is usually very quick, hence its name, and the probate document usually takes 5 to 10 working days to arrive.
If Viberts has been instructed to help obtain probate we will arrange for the original probate document to be sent directly to the executor or administrator once it is issued. Alternatively to avoid delays we can also hand deliver it to the asset holder in Jersey. The asset holder can then begin following the executor’s instructions straightaway.
If you wish to get more information about the fast track process please contact me.