Parslows will relieve the stress of the Probate process with specialist assistance from our expert team.
Probate for Jersey residents
As Jersey probate specialists, Parslows assist Jersey residents with applications for probate in Jersey and estate administration.
A grant of probate for Jersey residents legally allows you to administer the personal property (movable estate) held in Jersey of someone who has died. If a valid Will hasn’t been left, you’ll need a grant of probate or letters of administration.ā
We provide a tailored service offering exactly as much assistance or advice as you need. Our Jersey probate lawyers can assist with as much or as little of the Jersey probate process as you like. We can obtain a Grant of Probate for Jersey residents, obtain letters of administration if they died without a Will, or you can pass all of your executor duties on to us.
Whether you are an executor or administrator responsible for dealing with the deceased assets, our Jersey probate lawyers are here to help you to navigate the Jersey legal requirements to release the assets.
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How to apply for Jersey probate where the deceased is a Jersey resident?
Applications for a grant of probate are often made through a Jersey lawyer, but you can make a personal application if you’re the executor named in the Will.
Can I use money in the estate to pay debts and other expenses before I obtain a Grant of Probate or letters of administration?
It is not permitted under Jersey law to administer the Jersey estate until you have obtained a Grant of Probate or letters of administration.
What documents do I need to apply for my appliCation for probate in Jersey?
- original Will with any codicils
- original death certificate, interim death certificate or letter of fact of death (from the Deputy Viscount)
- confirmation of the value of assets and debts (at date of death)
What documents do I need to apply for Jersey letters of administration?
- original death certificate, interim death certificate or letter of fact of death (from the Deputy Viscount)
- confirmation of the value of assets and debts (at date of death)
Does the deceased estate have to pay a stamp duty to process the Jersey Probate application?
Stamp duty is payable to the Jersey Probate Court when the application for Jersey Probate is made. It is charged at the rate of 0.5% of the value of the Jersey assets (which is rounded up to the nearest Ā£10,000 for probate purposes) on estates with a value of up to Ā£100,000 and at a rate of Ā£75 per additional Ā£10,000 thereafter, namely:
| Value of Estate | Stamp Duty |
| Ā£00.00 ā Ā£10,000 | Nill |
| Ā£10,001 ā Ā£20,000 | Ā£100 |
| Ā£20,001 ā Ā£30,000 | Ā£150 |
| Ā£30,001 ā Ā£40,000 | Ā£200 |
| Ā£40,001 ā Ā£50,000 | Ā£250 |
| Ā£50,001 ā Ā£60,000 | Ā£300 |
| Ā£60,001 ā Ā£70,000 | Ā£350 |
| Ā£70,001 ā Ā£80,000 | Ā£400 |
| Ā£80,001 ā Ā£90,000 | Ā£450 |
| Ā£90,001 ā Ā£100,000 | Ā£500 |
For each Ā£10,000 thereafter (or part thereof) add Ā£75.
The Probate Registrar will also levy a flat stamp duty fee on all applications. This is presently Ā£80.
When is the value of the Jersey assets valued?
For calculating Jersey stamp duty the value of the Jersey assets will be calculated as at the date of death.
Typical assets may include:
- āmoney held in bank accounts and the Co-op
- stocks and shares
- insurance policies
- cars
- collections
- share transfer property
How long does a Jersey probate application take?
Once we have received the required documents from you Jersey probate Court usually takes about 5 working days to process the Jersey probate application.
What is Jersey probate policy regarding discharged bankrupts being executors to a Jersey estate?
The Jersey probate policy of not allowing a discharged bankrupt to be appointed as the executor of an estate is long-standing and until recently has been without exceptions.
A recent case has been brought to determine whether this Jersey probate policy is absolute, or whether exceptions may be permitted. The Court has now stated that exceptions will be permitted and set out the factors which will likely be taken into account in determining whether a discharged bankrupt is suitable to be appointed as a Jersey executor (without limitation as there may be others):
- the length of time the bankruptcy continued
- how long ago the discharge took place
- whether there is any evidence of mal-practice leading up to the bankruptcy or during the bankruptcy
- how much was involved
In the case in question the Royal Court determined that it was appropriate for the discharged bankrupt in question to be appointed as executor.
