About grant of probate
A grant of probate formally allows someone to administer the personal property (movable estate) held in Jersey of someone who has died. The deceased must have left a valid will.
The grant of probate doesn't allow you to deal with real estate (immovable property). You'll need a Jersey lawyer to do this.
If a valid will hasn't been left, you'll need a grant of letters of administration.
Probate legislation on the Jersey Legal Information Board website
How to apply
Applications for a grant of probate are often made through a Jersey lawyer, but a personal application can be made by you if you're the executor / executrix named in the will.
When making a personal application, you must call the Probate Registry at the Judicial Greffe to make sure that you're the right person to make an application and that you have all the necessary documents and information available.
An appointment is made for an informal interview with the Probate Officer. You'll need to bring the relevant documents with you. If all the documentation is correct, the Probate Officer can make an appointment at the Judicial Greffe to swear the oath of executor.
Appointments for swearing an oath of executor can be made from Monday to Thursday (mornings only).
Documents we need
You'll need to give us the following:
- original will with any codicils
- original death certificate, interim death certificate or letter of fact of death (from the Deputy Viscount)
- official confirmation of the value of assets and debts (at date of death)
- your photo ID (eg current passport or driving licence)
We may ask for additional information.
Administering the estate before swearing the oath
You can't administer the estate in any way before the oath of executor has been sworn at the Judicial Greffier.
You'll still be able to arrange the funeral and make sure the moveable estate is in safe custody.
Stamp duty and fees
Stamp duty and other fees due are based on the net value of the deceased's worldwide estate.
Official confirmation of assets and debts must be given to us before your formal appointment. All values must be at the date of death or for stocks and shares, the nearest trading day to the date of death.
Typical assets may include:
- money held in bank accounts and the Co-op
- stocks and shares
- insurance policies
- share transfer property
Typical debts may include the funeral account, doctor's fees and utility bills. The costs of a memorial and wake, or travel expenses for family attending the funeral aren't considered as a debt for stamp duty purposes.
At the time of swearing the oath, you will be advised of the total stamp duty and fees payable. You must then get the relevant court stamps from the States Treasury at Customer and Local Services and bring them to the Judicial Greffe.
The stamp duty ready reckoner can be used to give a guide to fees payable.
Download Probate Stamp Duty ready reckoner (size 29kb)
Issuing the grant
If no fees are due, we will try and release the grant of probate on the same day the oath is sworn.
Otherwise, a grant is normally issued within five working days. We can't release the grant until the court stamps have been received.
Family disputes, contentious cases and legal advice
The Probate Registry can't give you legal advice.
Grants can only be made in non-contentious cases. If there is a family dispute or other issue which may affect an application for a grant, you should seek legal advice.