Regulatory Alerts2012-04-28
Administration of Small Estates Act (Cap. 4)
The legislative authority establishes a streamlined procedure for estates valued at two hundred and forty dollars or less. Eligible relatives apply to the Registrar for letters of administration or probate, which are granted without bonds or oaths after verifying estate value and identity. A fixed fee of one dollar and twenty cents covers all applications, while knowingly providing false statements triggers summary conviction with fines up to one hundred and twenty dollars or six months imprisonment.
Administration of Small Estates. CAP. 4 61
CHAPTER 4.
ADMINISTRATION OF SMALL ESTATES.
(29th July, 1944.) 13/1944 2/1957
1. This Act may be cited as the Administration of Small Estates Act. Short title.
2. In this Act— Interpretation.
"letters of administration" comprehends all letters of administration of the estate of deceased persons whether with or without the will annexed and whether granted for general, special or limited purposes;
"small estate" means all the property, real and personal, of a deceased person which does not exceed two hundred and forty dollars in value.
3. (1) In any case where a person dies intestate leaving a small estate, an application may be made to the Registrar at any time not earlier than one month after the death of such person for a grant of letters of administration in respect of such estate. Application for grant of letters of administration.
(2) An application under the preceding subsection may be made by any person being the husband, wife, issue, father, mother, or issue of the father or mother, of the deceased person.
4. Probate of the will of any deceased person leaving a small estate may, upon application and upon production of the will and of an affidavit verifying the due execution thereof, be issued to the executor named in the will or, in any case where it shall appear to the Judge to be necessary or proper so to do, the Judge may appoint an administrator of the estate and direct letters of administration with the will annexed to be issued to him. Grant of probate.
62 CAP. 4 Administration of Small Estates.
Duties and powers of Registrar.
5. It shall be the duty of the Registrar to whom application is made to fill up such papers as may be necessary to lead to a grant of letters of administration or of probate, as the case may be, and, for that purpose, he may require the applicant to furnish him with a statement and give such other proof, as he may consider necessary, of the value of the estate, of the identity of the applicant and, where necessary, of his relationship to the deceased: Provided that there shall not be required— (a) any bond; (b) any declaration on oath as to the value of the estate; or (c) any administrator's or executor's oath.
Investigation and report by Registrar.
6. After investigation of the application the Registrar shall prepare a report and shall lay it before a Judge and the Judge shall, if he is satisfied that the application ought to be granted, give a direction accordingly.
Special fee for grant.
7. Anything in any Act or Ordinance to the contrary notwithstanding, the fee to be paid in respect of a grant of letters of administration or of probate (including any application therefor) under the provisions of this Act shall be the sum of one dollar and twenty cents and there shall not be payable any other duties, fees or charges of any description whatsoever.
Offence.
8. Any person who, for the purpose of deriving the benefit conferred by this Act, knowingly makes to the Registrar any statement which is false in any material particular shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding one hundred and twenty dollars or to imprisonment for a term not exceeding six months.