Grant of Probate (non-Jersey domicile)

What is a Jersey Grant of Probate

A Jersey Grant of Probate formally allows someone to administer the personal (movable) estate situate in Jersey of someone who has died, domiciled outside of Jersey
Movable estate includes assets such as money held in bank accounts, stocks and shares
When making a personal application for a Jersey grant, stamp duty is payable on the date of death value of a deceased’s assets held in Jersey. An application fee along with any associated fees may also be due Probate Registry services and fees - Courts.je
The Probate Registry cannot give legal advice
Any dispute over estate situate in Jersey must be resolved before an application for a Jersey grant can be made
Jersey does not form part of the United Kingdom; therefore, you will need a separate grant to deal with assets there
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

How to obtain a Jersey Grant of Probate

If the deceased was domiciled outside of Jersey, you can apply:

through a Jersey lawyer Lawyers and notaries
by personal application with the appropriate person(s) travelling to the Island to swear the Oath
by personal application with the appropriate person(s) giving power of attorney to a third party, who can more easily travel to the Island
by using the fast-track process if the deceased was domiciled within the British Isles (England, Wales, Northern Ireland, Scotland, Guernsey or the Isle of Man) and when probate has already been obtained. This process can only be used by engaging the services of a local law firm in Jersey Lawyers and notaries

Before making a Personal Application for a Jersey Grant of Probate

Before making an application for a Jersey Grant, you need to:

ensure estate proceedings, if required, are complete in the country of domicile
establish if the value of the movable estate situate in Jersey does not exceed £30,000 as you may be able to access the funds without the requirement of a Jersey Grant. Amendments to the Probate Law - Courts.je You will need to contact the fund holder directly (for example, bank, investment company) and establish if a grant is required. A holder may still insist on a grant being obtained even if the value of an asset is below the Small Estate Exemption threshold

Application Process for a Jersey Grant

Write or email the Probate Registry and tell us:

where the deceased was domiciled
whether estate proceedings, if required, are complete in the country of domicile

Provide copies of any probate documents issued

whether the deceased left a will(s) or died without a will (intestate)
the date of death value of the asset(s) situate in Jersey

Once you have provided the above information, we will confirm the documents that need to be forwarded by post or courier service, ahead of your travel to the Island. We will only arrange an appointment once satisfied that we are in receipt of all the correct documents and information

Please note we do not issue application forms

Submission of Application

We will ask you to send original or authenticated copies (certified as being a true copy of the original) of certain documents. All documentation will be kept by the court in Jersey
Different countries have specific documents equivalent to a Jersey Grant. The Probate Registry will advise you of the requirements at the time of your enquiry. Other documents may also be required such as affidavits of law, certificates of inheritance, court orders
If documents are not in the English language, an official translation must be provided
Following receipt of the requested documents, once your application has been further reviewed and prepared, we will invite you to attend an appointment to swear the Oath
When arranging an appointment, the Probate Registry will advise you of the fees due. Payment of the fees will need to be made ahead of your appointment Probate Registry services and fees - Courts.je
To make a payment we recommend using our new online 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 identity to the appointment. The grant will be issued to you at the time of the appointment

Legal advice will need to be sought for any enquiries relating to the distribution of a deceased’s estate