Grant of probate (non-Jersey domicile)
- About grant of probate
- How to apply
- Domiciled outside of Jersey
- Documents we need
- Types of documents accepted
- Application cost
- Making an appointment
- What to do with the Jersey grant
- If you already have a UK grant
- Applying for the Jersey grant ahead of applying for a grant (or the equivalent) in the jurisdiction of domicile
- Assets valued at £30,000 or less
- Getting a copy of the Jersey grant
- Jersey estate disputes
About grant of probate
A grant of probate formally allows someone to administer the personal property (movable estate) held in Jersey of someone who has died. The deceased must have left a will.
The grant of probate doesn't allow you to deal with real estate (immovable property). You'll need a Jersey lawyer to do this.
If a valid will hasn't been left, you'll need a grant of letters of administration.
How to apply
You need to phone or write to the Probate Registry and tell us:
- where the deceased died domiciled
- whether estate proceedings have taken place or will be taking place in the country of domicile
- whether the deceased left a will(s) or died without a will (intestate)
- the value of the asset(s) in Jersey
Domiciled outside of Jersey
If the deceased died domiciled anywhere outside of Jersey, it may be possible for an application to be made in one of the following ways:
- through a Jersey lawyer
- by personal application with the appropriate person coming to Jersey
- by personal application with the appropriate person giving power of attorney to a third party (who can more easily travel to the Island)
A 'fast track' method is available if the deceased died domicile in the British Isles (England, Wales, Northern Ireland, Scotland, Guernsey or the Isle of Man).
We don't accept postal applications or issue application forms.
List of local law firms on Jersey Legal Information Board website
Documents we need
We will ask you to send copies of certain documents to us either in the post, by fax or email. once we have assessed the documents, we can let you know what additional information we may need.
We will ask for either the original or authenticated copies (meaning certified as being a true copy of the original) of the relevant documents to be sent to us before you come for an appointment.
We'll also need an original utilities bill confirming your current address. The bill must be no more than three months old.
We may ask for other documents such as:
- affidavits of law
- certificates of inheritance
- court orders / judgments
All documentation, except the death certificate and your photo ID, will be kept by the Court in Jersey.
Types of documents accepted
We have listed below some of the documents that we would normally expect to see.
| Country | Equivalent to a Jersey Grant | Additional Documentation |
|---|---|---|
| Argentina | Court decision | Death certificate, will |
| Australia | Exemplification | Death certificate, will |
| Canada | Certificate of appointment of estate trustee (with will) or letters probate | Death certificate, will |
| Chile | Certificate of actual possession (certificado de posesion efectival) | Death certificate, will |
| Czech Republic | Usneseni, will, death certificate | Resolution |
| England and Wales | English grant | Death certificate, will, codicil |
| Denmark | Skifteretattest on privat skift or skifteretattest uskiftet bo | Death certificate, will |
| France | Death certificate, acte de notoriétè and / or certificat d’héritiers, holograph will | |
| Germany | Erbschein or gemeinschaflicher erbschein | Death certificate, testamentsvollstreckerzeugnis, will |
| Iraq | Certificate of devolution or succession certificate | Death certificate, certificate of guardianship (for minors) |
| Israel | Probate order | Death certificate, will confirmation order, will |
| Malta | Death certificate, certificates from the Public Registry and the Civil Courts – Voluntary Jurisdiction, decree (digriet), notarial will | |
| The Netherlands | Verklaring van erfrecht | Death certificate, will |
| New Zealand | robate in common form or exemplification | Death certificate, will |
| Poland | Postanowienie | Court decision, will, death certificate |
| Portugal | Death certificate, public deed of probate (escritura de habilitação) or simplified procedure of qualification and registration of heirs (procedimento simplificado de habilitação de herdeiros e registos), public will (testamento publico) or closed will (testamento cerrado) | |
| Scotland | Confirmation | Death certificate, ike, will |
| Republic of South Africa | Letters of executorship | Death certificate, will |
| Spain | Death certificate, notarial will | |
| Sweden | Protokol or tax authority document | Death certificate, will |
| UAE | certificate of inheritance or certificate of heirs | Death certificate |
| USA | Letters testamentary or letters of authority | Death certificate, will |
All documents in a language other than English must be accompanied by an official translation.
Application cost
You'll need to pay fees and stamp duty on certain applications.
The page below gives general guidance on the likely fees you'll need to pay, but the Probate Registry will tell you the exact fees during the application process.
Probate Registry services and fees
Making an appointment
We will make an appointment for you when all the required documentation is in place and payment has been made.
We take appointments from Monday to Thursday, mornings only. You'll need to bring current photo ID with you, for example, your passport or national identity card.
We will usually release the Jersey grant to you at the end of your appointment, but we can't guarantee this.
What to do with the Jersey grant
You should present the original Jersey grant and your photo ID to the fund holder(s) in Jersey.
If you already have a UK grant
Jersey is not part of the UK, so you'll need a separate grant.
Applying for the Jersey grant ahead of applying for a grant (or the equivalent) in the jurisdiction of domicile
If a grant, or the equivalent, is required in the country of domicile, estate proceedings in the country of domicile must be completed before applying for the Jersey grant.
If there isn't any requirement for estate proceedings in the country of domicile, you must let us know in writing when making your initial enquiries.
Assets valued at £30,000 or less
A Jersey fund holder can release assets valued at £30,000 or less in non-domicile cases without needing to see a Jersey grant.
However, this decision is made by the fund holder who can still insist that a Jersey grant is necessary.
Any asset valued at £30,001 or more will require a Jersey grant prior to release.
Getting a copy of the Jersey grant
The type of copy we can give you (and the cost) will depend on the nature of your application.
If you think you'll need a copy, tell us as early as possible.
Getting a copy of a Jersey grant of probate and will
Jersey estate disputes
Any dispute over the Jersey estate must be resolved before an application for a Jersey grant is made.
It may be necessary for you to get legal advice before proceeding with your application for the Jersey grant.