News and Insights
25 July 2017
When someone has died, probate is the legal process for dealing with their estate. This is the responsibility of the executors named in their will.
In most cases, an executor will be a family member or a friend of the deceased, but some people appoint professional executors, for example their lawyer. If there is no will, the court will appoint an administrator to deal with the estate.
A probate application is required either when the deceased has died in a country outside of Jersey, the British Isles or the UK; Or, where they died in the British Isles or the UK and probate was not needed there.
The executor has to make the probate application in person in Jersey. Obviously it is not always practical for the executor to come to the Island so the executor can alternatively appoint an Attorney to do this for them.
If personally making the probate application the executor will need the original will and death certificate. The Jersey Probate Registrar will need to see other paperwork to evidence the value of the Jersey assets.
If the deceased died without making a will, a death certificate is needed along with evidence of the family tree. An affidavit may be required to confirm to the Jersey Court who is legally entitled to administer the estate in the country of domicile.
Importantly, the person entitled to administer the estate is not necessarily the heirs of the deceased.
If the executor or administrator wants to make the application themselves but is unsure how, Viberts can help with the necessary paperwork for the application.
Appointing a professional executor
If the executor or administrator wishes to appoint an Attorney to make the application on their behalf an individual or professional executor can be appointed.
Viberts has an in house executor company, Viberts Executors Limited, which is very experienced in dealing with probate applications and the administration of estates.
We will need the original will and death certificate, or a court sealed and certified copy of the Grant and Will, or where there is no will, letters of administration. The documents required will vary slightly depending upon where the deceased was domiciled. The costs will also vary depending upon the nature and complexity of the estate. Viberts can either deal with the whole of the administration of the estate or simply assist in getting the documents ready.
If you would like to discuss this further, please get in touch with me.