How to Apply for Probate (VI)

VI Application Process

There are several steps you must take to obtain the court's permission to represent and manage a VI estate.

1. Probate Application: In the US Virgin Islands, if the estate will go through probate, start the process by submitting a petition to the court: see application details ↧
   • If there is no will, submit a Petition for Administration and Letters Administration: see official intestate petition checklist and official intestate guide.
   • If there is a will, submit a Petition for Probate and Letters Testamentary: see official testate petition checklist (there is no official guide for this, unlike the intestate case).
   • If there is a will, but you do not have a notarized "self-proving affidavit" signed by the witnesses to the will, it may simplify the process if you can attach affidavits signed by the witnesses to the original will signing, attesting to the fact that they were was present when the decedent signed the will, they signed the will as witnesses, and that everyone was of sound mind and not under any duress (see Virgin Islands Rules for Probate and Fiduciary Proceedings: Rule 194).
   • If there is no will, or the will does not name you as first choice among executors (still living), it will be helpful to attach a Waiver and Consent from anyone with equal or higher priority.
   • You can also simplify the process by attaching a Waiver and Consent from each heir-at-law (anyone who would inherit if there were no will). For every heir-at-law that does not provide a waiver, attach a request for citation (see Task: Notify heirs).
   • If you do not reside in VI, include proof of arrangement for resident agent (see Task: Out-of-state executor).
   • Attach an official copy of the death certificate and the original will (if there is one).
2. Notice of Probate: In the US Virgin Islands, if there is a will, and if the estate is undergoing probate, you must notify the people who would inherit if there were no will (i.e., heirs-at-law). Immediately after submitting your petition for probate, the court will provide you with citations for each heir-at-law for whom you did not submit a signed Waiver of Notice. You must serve each citation to the corresponding heir-at-law at least 5 days before the return date on the citation, attaching a copy of your petition for probate. If you cannot reach all such heirs-at-law, you will also have to publish a general notice in three consecutive weekly issues of a newspaper of general circulation in the area of probate. See Virgin Islands Rules for Probate and Fiduciary Proceedings: Rule 192 for more details.
3. Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
4. Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
5. Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
6. Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in VI for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.

Additional Information

See also Becoming Estate Executor (i.e., Personal Representative).