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 does not allow you to deal with real estate (immovable property). You will need a Jersey lawyer to do this.
If a valid will has not been left, you will need a grant of letters of administration.
Probate (General Provisions) (Jersey) Regulations 1998 on the Jersey Legal Information Board website
Probate (General) Rules 1998 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 are the executor/executrix named in the will.
Before making a personal application, you should call or email the Probate Registry at the Judicial Greffe to ensure you are the right person making the application and you have all the necessary documents and information available.
When you have collected all the required documents (see below), please forward them to the Judicial Greffe for the attention of the Probate Department, along with your contact details (i.e., email, telephone number, address).
Once the documents have been reviewed, and should everything be in order, the Probate Officer will contact you to either request further information/documentation or look to make an appointment for you to attend the Judicial Greffe to swear the Oath of Executor.
Appointments for swearing an Oath of Executor are made from Monday to Thursday (mornings only).
The documents required to bring a personal application are:
- original Will and any Codicils
- original Death Certificate or Interim Death Certificate or Letter of Fact of Death (from the Deputy Viscount)
- funeral Invoice and confirmation of receipt of the death grant (this may be shown on the funeral invoice)
- official confirmation of the value of the sole assets and debts (as at the date of death) of the deceased. N.B. please do not provide a spread sheet; we require the official letter or statement from the asset holder.
- for items such as jewellery, vehicles, paintings etc a valuation can be obtained from a local garage, jewellers, or auctioneers.
- a photocopy of the photographic page of your ID (e.g., passport or driving licence). Don't forward the original passport or driving licence
Administering the estate before swearing the oath
You can not administer the estate in any way before the oath of executor has been sworn at the Judicial Greffe.
You will still be able to arrange the funeral and make sure the moveable estate is in safe custody.
Assets valued at £30,000 or less
As the deceased died domiciled in Jersey, if the gross value of their worldwide estate does not exceed £30,000, a fund holder can release the asset without the need for a Jersey Grant of Probate (Will) or Letters of Administration (No Will).
However, this decision is made by the fund holder who can still insist that a Jersey Grant is required.
If the gross value of the assets exceeds £30,001 or more a Jersey Grant will be required.
Amendments to the Probate (Jersey) Law 1998
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 provided to allow the net value of the estate to be calculated prior to an appointment being made. All values must be at the date of death and 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
- cars
- collections
- share transfer property
The funeral invoice is a debt included along with other outstanding debts (as at the date of death) for the deceased e.g., doctor’s fees, utility bills and care home fees. The cost of a memorial, wake and travel expenses for family attending the funeral are not considered as a debt for stamp duty purposes.
Prior to swearing the oath, you will be advised of the total stamp duty and application fee payable. You must obtain the relevant court receipt from the States Treasury at Customer and Local Services which you will need to bring with you to your appointment.
The stamp duty ready reckoner can be used to give a guide to fees payable.
Probate Stamp Duty ready reckoner
Issuing the grant
On receipt of the application fee and stamp duty (if any) the Grant of Probate will be issued to you at the time of your appointment once you have sworn the Oath. We cannot release the grant until we are in receipt of the required fee payable by way of the court receipt, which is obtained from the Treasury Cashiers at Customer and Local Services in La Motte Street.
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.
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