Small Estates, Nil Estates, Unrepresented Estates

• Author: Karen Nunez-Tesheira
• Pages: 226-253

226 / Probate Practice and Procedure

INTRODUCTION

Applications for small estate grants are made in cases where the value of the

real and personal assets of a deceased person is below the statutory maximum

as provided for by the respective small estates legislation of the various

territories.1

As a general rule, applications for small estate grants are made with the

assistance of the registrar who is under a statutory duty to ‘fill up’ the usual

papers required by the court to lead the relevant grant of representation.

The intended applicant for the grant is interviewed by an authorised

member of the Registry staff in order:

•to verify that the deceased’s estate qualifies as a small estate; and

•if so, to obtain the information necessary to prepare the relevant

papers to lead the grant.

The fees payable with respect to these applications are generally limited to

a special fee of a nominal amount. The usual probate fees, or where

applicable, stamp/estate and succession duties are either not chargeable or

they are considerably reduced. This is so irrespective of whether or not the

application was made prior to the abolition of such duties, if any.

Practice and Procedure

Trinidad & Tobago

Small estates: Estates valued at $4,800 and under 2

Unlike large estate applications, which must be made through an attorney-

at-law, an application for a small estate grant may be made either through

an attorney-at-law or by the applicant in person.3When the application is

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Small Estates, Nil Estates

Unrepresented Estates

Small Estates, Nil Estates, Unrepresented Estates / 227

made in person the requisite papers to lead the grant that is, the search

certificate, the formal application for the grant, the oath of the executor or

administrator may be obtained at the Probate Section of the Registry/Sub

Registry. The applicant is interviewed by a member of the Registry staff

and assisted in the preparation and completion of the papers.

Documents filed in the Probate Section of the Registry/Sub Registry

The usual documents necessary for a grant of probate/letters of

administration (with or without will annexed) are required to be lodged

save that the following documents are not required:4

•An estate duty certificate irrespective of whether the deceased

died prior to or after the abolition of these duties;

•A filing fee receipt;

•An administration bond (with respect to applications for letters

of administration (with or without will annexed).

•An inventory. The affidavit of the applicant should, however,

contain particulars of the deceased’s property and the gross value

thereof.

The application for the grant is not advertised but it is screened in a

conspicuous place in the Registry/Sub Registry for two consecutive weeks,

at the end of which period the grant is signed by the registrar and issued to

the applicant.5

Eastern Caribbean territories (save Anguilla)

Practice and Procedure in General

Applications for small estate grants are required to be made in accordance

with the relevant Administration of Small Estates Acts of the respective

Eastern Caribbean territories.

The applicant is interviewed by an authorised member of the Registry

staff and the relevant papers to lead the grant are completed with the

assistance of the registrar or an authorised member of staff.

With the exception of St Lucia and St Vincent & the Grenadines,6the

registrar prepares and signs a report which is laid before a judge in chambers.

The Registrar’s Report along with the other papers to lead the relevant

grant are read over by the judge who, if satisfied that the applicant is a

person entitled to administer the estate of the deceased, directs the registrar

to issue the relevant grant to the applicant.