Rule 194. Grant of letters; bond; notice
(a) Upon compliance with all of the formal requirements preliminary to
the granting of letters testamentary, the proponent of the will shall make
proof before the judge of the Territorial Court that the will was executed with
the formalities required by law. Such proof of the proper execution of the will
may be by the sworn testimony of the attesting witnesses appearing personally
before the judge of the Territorial Court, by deposition of such attesting
witnesses taken wherever they may be located or by affidavit of the subscribing
witnesses, executed at or subsequent to the execution of the will in pursuance
of the provisions of 15 V.I.C. ' 22. Such affidavits of the subscribing
witnesses shall be admissible to establish the contents thereof related to the
execution of the will, but the weight to be accorded such affidavits shall be
determined by the judge of the Territorial Court. Thereafter, the proponent may
present for the signature of the judge an order for probate. Similarly, a
petitioner for administration may present an order for administration after he
has complied with the prescribed preliminary procedure. Letters Testamentary or
of Administration will be issued upon the basis of the order for probate or administration;
provided that letters shall not be issued until bond is furnished or waived as
(b) The order for probate or administration will recite the amount of the
bond to be required of the executor or administrator, or else that bond is
waived. Bond will be waived only when a testator has so directed. Where the
probable value of the estate is not more than $2,000, a prayer in a petition
for probate or administration that the executor or administrator be permitted
to file his own bond without sureties may be given favorable consideration.
(c) Every executor and administrator shall, immediately after his
appointment, give notice that he has been appointed and that all persons having
claims against the estate are required to present them, duly verified by
affidavit, to him at a place within the territory specified in the notice
within six months from the date of the notice, and that all persons indebted to
the estate are required to make prompt payment to him. The notice shall be
given by publishing it once a week for four successive weeks in some newspaper
of general circulation published in the judicial division and jurisdiction in
which the decedent died or, in case he did not die in the territory, in which
he left assets, and by posting it in at least three public places in such
judicial division and jurisdiction one of which shall be at or as near as may
be to the post office nearest the residence of the decedent at the time of his
death if he resided in the territory. Such newspapers and places of posting
will be designated by the Territorial Court from time to time by standing
order, pursuant to section 391 of Title 15 of the Virgin Islands Code, and no
special order of designation will be required for individual estates. The
notice to be thus published and posted shall be in substantially the following
Estate of , deceased
Notice is hereby given that the undersigned has been appointed executor
(or administrator) of the above estate. All persons having claims against the
estate are required to present them within six months verified by affidavit,
and all persons indebted to the estate to make payment promptly, to
Executor (or Administrator)
Attorney for the Estate
--Added Dec. 17, 1976.
Bond of executor or administrator, see 15 V.I.C. ' 239.
Failure of executors to accept or qualify, see 15 V.I.C. ' 234.
Issuance of letters testamentary, see 15 V.I.C. ' 233.
Priority in appointment of administrators, see 15 V.I.C. ' 236.
Priority of husband as administrator, see 15 V.I.C. ' 237.
Qualifications of executors and administrators, see 15 V.I.C. ' 235.
Special administrators, see 15 V.I.C. ' 238.
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