A simple guide to Jersey probate and estate administration following a bereavement
Losing a loved one is never easy, and dealing with their estate can feel overwhelming.
This guide outlines the main steps involved in administering an estate in Jersey.
What to do when a loved one passes away
It is important to note that Jersey law distinguishes between movable property (such as cash, investments, shares and personal belongings) and immovable property (real estate). These are treated separately on death, which is why some people have two Wills: one dealing with their movable estate and another dealing with their immovable estate.
Locate any Wills
Family members or close friends may know where the original Will(s) are stored. If not, a "round-robin" search can be sent to all Jersey law firms to help locate any Wills. Carey Olsen can assist with this process.
The deceased may also have made Wills in other jurisdictions if they owned assets outside Jersey.
Funeral arrangements
Check whether the deceased left any funeral wishes in their Will and/or have a funeral plan in place.
Obtain the death certificate
Once the death certificate has been issued, copies can be sent to banks, investment providers, utility companies, Social Security and other relevant organisations to notify them of the death.
Asset holders will usually:
- Freeze accounts in the deceased's sole name;
- Confirm the value of the deceased's assets at the date of death; and
- Advise what documentation is required to release or transfer the assets.
Important: Do not administer the movable estate before probate
Subject to some minor exceptions, you should not take possession of nor administer the deceased's movable estate before a grant of probate or letters of administration (a "Jersey Grant") has been obtained (if one is required). This is known as intermeddling and is a criminal offence punishable by a fine and/or imprisonment for up to 12 months. If you are unsure whether you can take any particular step, please do not hesitate to contact Carey Olsen's wills and probate team for advice.
Movable estate
Small estate exemption
A Jersey Grant is generally required where the deceased's net worldwide movable estate exceeds £30,000 (excluding jointly owned assets).
Where the net worldwide movable estate is less than £30,000, asset holders may, at their discretion, release funds without a Jersey Grant.
Apply for probate
If a Jersey Grant is required, the personal representative (either the executor named in the Will or, where there is no Will, the appropriate heirs at law) should make an application to the Royal Court.
The Jersey Grant confirms the personal representative's authority to administer the estate and to give instruction to asset holders to release or transfer the deceased's assets.
Stamp duty is payable based on the net value of the deceased's movable estate.
Collect the assets
The holder of the Jersey Grant should present it and any other requested documents to the relevant asset holders so that assets can be transferred or released on the holder's instructions.
Settle any liabilities
Before distributing the estate, any outstanding debts, expenses and liabilities of the deceased should be settled.
Distribute the estate
Once the assets have been collected and liabilities paid, the estate can be distributed to the beneficiaries in accordance with the Will or the applicable rules of intestacy.
Immovable estate
If there is no Will dealing with immovable property in Jersey, ownership will pass automatically to the deceased's heirs at law, and no further action is generally required.
If there is a Will dealing with Jersey immovable property, it should be registered in the Public Registry so ownership can be transferred to the beneficiaries. Stamp duty is payable at the time of registration. It will generally be calculated by reference to the value of the property, with some exemptions.
If the deceased owned property with one or more others, the surviving owner(s) will automatically become the owner(s) without the need for any legal process.
Carey Olsen is here to help
Grieving the loss of a loved one is difficult, and dealing with their estate can feel like a daunting responsibility. Our wills and probate team is here to support you, whether you need guidance on the next steps, assistance with a probate application, or help administering the estate from start to finish.
If you would like any assistance, please do not hesitate to contact our wills and probate team.
