Grant of Probate (Jersey domicile)

What is Probate

Probate is the legal right to deal with someone’s personal (movable) estate when someone dies
Movable estate includes assets such as money held in bank accounts, stocks and shares, insurance policies, vehicles/boats, paintings and jewellery, share transfer property
When making an application for probate, stamp duty may be payable on the net value of a deceased’s worldwide estate. An application fee along with any associated fees may also be due Probate Registry services and fees - Courts.je
A Grant of Probate is issued when a deceased dies testate, leaving a valid will
A Grant of Letters of Administration is issued when a deceased dies intestate, leaving no valid will
A Grant of Probate or Letters of Administration does not allow you to deal with real (immovable) estate. You will need to contact the Public Registry or seek the services of a Jersey lawyer to do this Registering a will of real estate (immovable property) - Courts.je
You cannot administer the estate before the oath of executor has been sworn at the Judicial Greffe if the worldwide estate is more than £30,000. AGs guidance on intermeddling in estates of deceased persons You can still arrange the funeral and ensure the movable estate is in safe custody
The Probate Registry cannot give legal advice
Grants can only be made in non-contentious cases. If there is a family dispute or other issue which may affect an application for a grant, you should seek legal advice
As well as making a personal application, you may also seek the services of a local law firm

Before making a personal application for probate

You must check:

if probate is needed

If the gross value of the worldwide movable estate of a deceased does not exceed £30,000 Amendments to the Probate Law - Courts.je you may not require a grant. You will need to contact the financial institution(s) that the deceased used (for example, their bank, investment company) to find out if a grant is required. Every organisation has its own requirements. Please be aware an asset holder may still insist on a grant being obtained

if you are eligible to apply for probate

If you are an executor named in a will

If there is no named executor, or the executor(s) have died, are unable or unwilling to take up the appointment, please contact the Probate Registry

If there is no will and you are the closest living relative, please contact the Probate Registry

Application Process

Gather the Relevant Documents

If you are the executor/executrix named in the will you will need to provide:

Original Will and any Codicils
Original Death Certificate, Interim Death Certificate or Letter of Fact of Death (from the Deputy Viscount)
Official confirmation of the value of the sole assets of a deceased (for example a bank statement, official letter or similar). For assets such as jewellery or paintings, you will need to obtain a valuation from a local auctioneer or jewellers, for vehicles you will need to obtain a valuation from a local garage or mechanic, for share transfer property you will need to obtain a valuation from a local estate agent. All values must be at the date of death and for stocks and shares the nearest trading day to the date of death
Official confirmation of any debts outstanding, as at the date of death (for example doctor’s fees, utility bills and care home fees). This will include the funeral invoice, however, please note the cost of a memorial, wake and travel expenses for family attending the funeral are not considered as a debt for stamp duty purposes
A photocopy of the photographic page of your identification (for example, passport or driving licence). Please do not forward the original identification document
A copy of a recent utility bill or bank statement confirming your address

If there is no will and you are the closest living relative, please contact the Probate Registry who will assist in establishing who the rightful person is to make an application. The law decides who can administer an intestate estate. Wills and Successions (Jersey) Law 1993

The requirements for making an application for a grant of Letters of Administration includes points 2-6 above. There will be additional documents required, however the Probate Registry will advise you of these

Submission of Application

When you have gathered the required information and documents, please forward them to the Judicial Greffe reception for the attention of the Probate Registry, along with your contact details
Once the Probate Officer has reviewed and prepared your application, they will either contact you to request further supporting information and documentation, or look to make an appointment for you to attend and swear the Oath
Appointments are made from Monday to Thursday (mornings only)
When arranging an appointment, the Probate Officer will advise you of the fees due (application fee and stamp duty). Please note payment of the fees needs to be made ahead of your appointment Probate Registry services and fees.
To make a payment we recommend using our new online fee payment form. Once payment has been made, you will be sent a receipt by email, which must be provided at the time of your swearing in appointment.
The stamp duty ready reckoner can be used to give a guide on the stamp duty payable id-probate-duty-ready-reckoner-20130104-bl.xls

Swearing In Appointment

An appointment to swear the Oath of Executor or Administrator lasts approximately 10 to 15 minutes. The appointment is within the Probate Registry Office at the Judicial Greffe in the Royal Court Building. You will be required to bring the court receipt, along with your photographic i/d to the appointment. The grant will be issued to you at the time of the appointment.

Please be aware that the Probate Registry are unable to advise on the distribution of an estate, for this you will need to seek legal advice.