By: Kathryn Turner
Probate is the process of transferring property of someone who passed away to their heirs or other legally entitled individuals. Although the process may seem daunting, there are many different types of probate proceedings to assist in administering a loved one’s estate.
Whenever you own an item or asset, generally, title of that item is put in your name to show your legal right of ownership. For example, if you are buying a car, the person selling the car will transfer the “Certificate of Title” to your name. This is to ensure that you are the registered owner of the vehicle, and you have the right to drive the car or re-sell it if you’d like. Let’s say you drive this car for five years and then want to sell it to your neighbor. When you are alive and willing to sell your car, you can transfer the Certificate of Title to its next owner. However, if you died before you could sell the car, who would have permission to transfer the title on your behalf? Or, would your children or other family members have a right to inherit the car from you instead of selling it to the neighbor?
The initial step after a loved one passes away is to try to locate their most recent and original estate planning documents. For example, is there a Will? Estate planning documents may be found in a safety deposit box in a bank, at home, held by an attorney, or filed with the Court. If there are no documents found, the estate will go through the probate process as “intestate” – meaning without a will.
The process for probating an Estate in the Virgin Islands is very slow and there are few rules in the Virgin Islands Code, Title 15, that define all the filings and steps needed to complete a probate. Contact DNF and we can help navigate your family’s Estate through this challenging process.