Superior Court of the Virgin Islands
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Superior Court of the Virgin Islands

Rule 191. Probate of wills and appointment of executors; petition

(a) The initial step toward the administration of an estate of a deceased person who died testate is the filing of the will and a petition for probate and for letters testamentary or of administration with the will annexed. To the will shall be annexed an affidavit signed by an attorney or a relative of the deceased or some other interested person in form substantially as follows:

On this day of , 19 , personally appeared , who on oath says that he does not know of any will or codicil of , late of , deceased, other than the instrument in writing hereto annexed, dated , 19 ; that he received the same from , and the said died on or about the day of , 19 .

___________________

Sworn to and subscribed before me on the day aforesaid.

___________________

(b) If the deceased died intestate, the initial step toward administration is the filing of a petition for administration.

(c) A petition for probate of a will and for letters testamentary or of administration of an estate shall be in writing setting forth in numbered paragraphs: (1) the residence and citizenship of the petitioner and by what right he makes application; (2) the fact that the date of the death of the deceased person, his last domicile and whether he died testate or intestate; (3) the location, character, and estimated value of the estate of the deceased person as nearly as the petitioner can estimate, listing separately the total value of real property and the total value of personal property; (4) the total amount of the debts of the deceased person as nearly as the petitioner can estimate; (5) the names and addresses, insofar as known to the petitioner, of the heirs and next of kin of the deceased, who would be entitled to share his estate if he had left no will; the relation of each such person to him; the proportion due each such person, and whether each of them is an adult or an infant; (6) if the deceased died testate, reference to the tendered will, and whether any or all the heirs and next of kin have signed a waiver or waivers consenting to the probate of the tendered will and to the issuance of letters testamentary as prayed for in the petition; (7) the amount of bond which should be required of the administrator or executor, unless the will provides that no bond shall be required of the executor; (8) the requirements, if any, of the widow and minor children of the deceased for support from the estate. The petition should contain prayers; (i) for citation, if the deceased died testate, against such heirs or next of kin as have not signed waivers; (ii) for appointment of a guardian or guardians ad litem for such heirs or next of kin as may be infants or persons of unsound mind; (iii) for admission of the will, if any, to probate; (iv) for the issuance of letters testamentary or for the appointment of an administrator with the will annexed; (v) for the fixing or waiving of bond; (vi) for support of widow and minor children, if necessary, and also such other special or general prayers as the exigencies of the particular case may require. Wherever possible, a death certificate duly executed by competent authority should be attached to the petition.--Added Dec. 17, 1976.

Statutory References

Allegations in application to prove a will or for appointment of executor, or administrator, see 15 V.I.C. ' 232.

Disposition of estates without administration, see 15 V.I.C. ' 191 et seq.

Proof of wills, see 15 V.I.C. ' 231.

Wills which may be proved, see 15 V.I.C. ' 16.

Case Notes

Construction

Estate of foreign decedent was required to institute a second administration in Virgin Islands, since decedent died without a will and thus his estate could not use Territorial Court Rule 210 to distribute his property in Territory, but was required to follow regular Virgin Islands probate procedures. In re Estate of DeChabert, Terr. Ct. St. C. 2000, 43 V.I. 27.

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