Administration Of Ancillary Probate

ADMINISTRATION OF ANCILLARY PROBATE (Super. Ct. R. 210) Recording foreign will; petition for recognition of devisees and legatees. Estate of _____________________ Probate No. ___________________ Attorney ____________________ Telephone No.: ________________ Where real and/or personal property, located within the United States Virgin Islands has been devised or bequeathed by the written will of a nonresident testator, the devisees or legatees entitled under the will, to the property in the United States Virgin Islands may apply to the Superior Court to be placed in possession of such property. Procedure is not applicable where the decedent dies intestate. In Re Estate of DeChabert, 2000 V.I. Lexis 14 (Terr. Ct. St. C. 2000). Petition shall set forth the following: Name and residence of testator Decedent's date of death, supported by death certificate when available) Date of decedent's will and date in which it was established or admitted to probate in domiciliary state (with certified copy of domiciliary order for probate attached.) Name and address of domiciliary executor/administrator Date when will was filed with Office of Recorder of Deeds in the Virgin Islands (if applicable) Names and capacities of the devisees or legatees pursuant to will. No unpaid debts by Decedent or that devisees/legatees choose to and do assume and will pay such debts as may be owing by the testator which may not be paid by the domiciliary executor/administrator and/or those debts which may become upon or payable out of such property. Prayer that devisees/legatees be recognized as person entitled to the property in the Virgin Islands and that they be placed in possession of such property. Certified copy of will attached to petition. Checklist-Administration of Ancillary Probate Page 1 American LegalNet, Inc. www.FormsWorkflow.com Additional Requirements: Inventory and Valuation of the property in the Virgin Islands sworn to by two (2) responsible persons (15 V.I. Code Ann. . § 192) Inheritance tax status resolved ­ either by certification of the Attorney General or motion for waiver of AG certification pursuant to 33 V.I. Code Ann. . § 5 Proof of Publication of Notice to Creditors and Debtors ­ once a week for four (4) consecutive weeks (15 V.I. Code Ann. § 391) Five Hundred Dollars ($500.00) adjudication fee deposited with Clerk of the Court Judgment by the Court ( real property must be described in detail) NOTES Checklist-Administration of Ancillary Probate Page 2 American LegalNet, Inc. www.FormsWorkflow.com