Administration of Small Estates Act (Cap. 4)

Summary

This is a short BVI statute (Cap. 4) providing a simplified procedure for administering very small deceased estates (valued at no more than 240 dollars) through the Registrar, rather than the ordinary probate process. It sets out who may apply, the Registrar's role, a fixed low fee, and a penalty for false statements. It applies generally to next-of-kin and executors dealing with small estates, not to a specific regulated financial industry.

• Who can apply: Where a person dies intestate leaving a small estate, the husband, wife, issue, father, mother, or issue of the father or mother of the deceased may apply to the Registrar for letters of administration.
• Timing: Such an application cannot be made earlier than one month after the death of the deceased.
• Probate of a will: Probate for a small estate may be issued to the named executor on application and production of the will with an affidavit verifying due execution; alternatively the Judge may appoint an administrator with the will annexed.
• Registrar's role: The Registrar must complete the necessary papers, may require statements or proof of estate value, applicant identity, and relationship to the deceased, but cannot require a bond, a sworn declaration of estate value, or an administrator's or executor's oath.
• Judicial approval: After investigating, the Registrar reports to a Judge, who directs whether the grant should be made.
• Fee: The only fee payable for a grant of letters of administration or probate (including the application) under this Act is one dollar and twenty cents; no other duties, fees or charges may be charged.
• Offence: Knowingly making a false material statement to the Registrar to obtain the benefit of this Act is an offence, punishable on summary conviction by a fine of up to one hundred and twenty dollars or imprisonment of up to six months.

Key obligations

• An application for letters of administration of a small estate must not be made earlier than one month after the death of the deceased.
• Applicants must, if required by the Registrar, furnish a statement and proof of the value of the estate, their identity, and their relationship to the deceased.
• Only the statutory fee of one dollar and twenty cents may be charged or paid for a grant of letters of administration or probate (or the application therefor) under this Act; no other fees, duties or charges may be levied.
• Persons must not knowingly make a false statement in any material particular to the Registrar in order to obtain the benefit of this Act, on pain of a fine up to one hundred and twenty dollars or imprisonment up to six months.

Applies to

applicants for letters of administration or probate of small estates (surviving spouse, issue, parents, or issue of parents of the deceased), executors named in a will of a small estate, the Registrar

Deadlines

• not earlier than one month after the death of the deceased: Earliest point at which an application for letters of administration of a small estate may be made to the Registrar.

Related documents

• Administration of Small Estates (Amendment) Act, 2021 amends this document