Citizens Advice Bureau

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LOCAL INFORMATION
8.45.12.L9

Personal applications for a grant of Probate or Letters of Administration (Local Domicile)

Extent: Jersey 
Updated 10 March 2015

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Grant of Probate or Letters of Administration for local residents

 

Words you may need to know:

 

Grant of Probate:  When there is a Will, a Grant of Probate is the legal document given to the Executor/Executrix named in the Will to help them deal with an estate.

Letters of Administration: When there is no Will, Letters of Administration is the legal document given to the Administrator to help them deal with an estate.

Executor/Executrix:  This is the person named in the Will to administer the estate.

Administrator: When there is no Will this is the person chosen to deal with an estate.

Estate:  Refers to money in the bank, car, co-op account, shares etc. It does not include the house but does include a property which is share transfer. Should you have any questions about the house please contact the Public Registry on 01534 441318 for further information.

Intestate: means when a person dies without a Will.

Codicils: Sometimes someone adds extra information to their Will by making a Codicil.

Contentious Issues: When something is contentious, it means that the family do not agree about something. When this happens it can affect whether an application for a grant or letters of administration is given and the applicant must seek legal advice.

Deceased: the person who has died

Stamp Duty: In order to  register or process documents, a fee called stamp duty has to be paid. There may be other fees too.

Principle Heir: This is the person who is going to get most of the estate

Spouse: Husband , Wife or Civil Partner

Intermeddling: This is when you do something with the persons assets or money that you are not supposed to, such as spending cash , selling items etc. It is against the law to Intermeddle.

 

Stamp Duty and Fees

All stamp duty and fees will need to be paid before the Grant is given. Personal application fees will also be added on. You can click on the  following link which will show you how much the Stamp Duty fees are:

http://www.gov.je/Government/NonexecLegal/JudicialGreffe/Sections/ProbateRegistry/Pages/RegistryServices.aspx

 

Net Value: Stamp Duty is worked out on the net value of the deceased's estate; wherever that might be in the world.  Net Value means the value of an estate after debts and bills have been paid.

 

Grant of Probate/Letters of Administration

A Grant of Probate or Letters of Administration can be applied for by you if you are the Executor/Executrix or Principle Heir of the Will in person or through a Jersey Lawyer. Please see a link to local lawyers below:

http://www.jerseylaw.je/Lawyers/JerseyLawFirms/default.aspx

If you wish to apply yourself

 

Making a personal application:

Make an appointment with the Probate Officer; at the Judicial Greffe in the Royal Court House, Royal Square. Please call 01534 441308 to make an appointment.

If the person who has died  left a Will, you will need to bring the documents below with you.  

·     The original Death Certificate  (original means  not a photocopy)

·       The original Will

·       Photographic ID – Yours passport or driving licence

·       An asset is something of worth or value that the person owned. You will need to provide asset information held in the deceased persons sole name as at the date of death. In order to get information from the financial institutions ( Banks, Trust Companies, Building Societies etc) please give them a copy of the death certificate. An example of some Assets are listed below:

®    Bank Statement which covers the date of death or a letter from the financial institution telling you how much was held in the account at this time.

®    A statement from the Co-Op share account or Post office account.

®    Information about any shares or bonds held.

®    The value of any car/s if the deceased does not leave behind a husband, wife or civil partner

®    Jewellery valuation of any jewellery of great worth and not sentimental value.

·       Debts are money which needs to be paid out of the estate or money the person owed. Debt information held in the deceased sole name as at the date of death needs to be provided; this includes things like the following:

®    Funeral Invoice

®    Letter from Social Security confirming how much of the death grant was granted

®    Outstanding medical fees, nursing home fees, house hold bills etc

 

When there is no Will you will need to bring the documents below with you:

 

·       The original Death Certificate and the full Birth Certificate showing who the parents of the deceased are.

·       If the Administrator is the spouse we will need the marriage certificate.

·       If the Administrator is the eldest son, we will need his full birth certificate along with those of his brothers and  sisters, their parents’ divorce or marriage certificate and the death certificate of the person who has died. (Further advice on what certificates are needed will be given when you phone to make an appointment.)

·       Photographic ID ( Passport or driving license) of the Administrator.

·       Information about things the deceased person owned and any debts they had as above.

 

Please note, in some cases extra paperwork or Affidavits (which are sworn statements) may be needed but you will be told about this if  necessary at the time of the Interview.

If there are any Contentious Issues surrounding the Grant (see above) the Probate Officer will tell you to seek legal advice should they think it necessary.

Once all the documents have been approved a second appointment will be made for the paper work to be signed and for the Executor/Administrator to swear the Oath. This is done in the Probate office on Monday-Thursday mornings.

At the second appointment you will be told what the fees are and how to pay them.

We issue the Grant when you pay the fees.

 

IMPORANT re Intermeddling:

Personal belongings of the deceased such as clothes/furnishings can be given to charity but you may not sell, give away or otherwise dispose of any assets until the Grant has been issued.

Do not pay any cheques into your own personal bank account or that of the deceased even if they are in your name.

If you do so you may be guilty of an offence under Article 19 of the Probate (Jersey) Law, 1998.