Resealing of Grant of Probate in The BahamasIf your loved one died with assets located in multiple jurisdictions, in order to deal with and distribute those assets it may be necessary, after obtaining a grant of probate or grant of letters of administration in one jurisdiction to have that grant approved in the other jurisdiction so that you, as the personal representative, can deal with the assets located in the other jurisdiction. An example would be if your loved one died in the United States of America and held assets there, but also held assets in The Bahamas, you may obtain a grant of letters of administration concerning the property held in the United States from a USA court, but this grant will not give you access to the property located in The Bahamas, you must first obtain a resealing of the grant that was issued in the USA by making the proper application in The Bahamas. It is possible to have a resealing done in The Bahamas if there are assets of the deceased’s estate located in The Bahamas, whether real estate or personal property. Once the grant has been issued in a jurisdiction outside of The Bahamas, the executor, through his or her attorney will have to make application to the Supreme Court of the Commonwealth of The Bahamas, Probate Division for resealing of the grant. Our chambers are able to assist you with making the appropriate application.
Get Help from Highly Experienced Probate Attorney in Nassau, BahamasProbate applications and the distribution of the estate can be considerably more difficult and time-consuming because of various regulations. To successfully traverse the whole process—from obtaining a Grant of Probate to passing on an inheritance—you need the combination of legal and regulatory skills that only our Bahamian attorneys at Capital Law Associates can provide you as fast, effectively, and economically as possible.
Trusted Service of Probate Lawyer in the BahamasIn The Bahamas resealing of probate is done pursuant to the Probate and Administration of Estate Act and the Probate and Administration of Estate Rules. The application is submitted by an probate attorney in Bahamas on behalf of the executor of the estate. A Power of Attorney may in some instances be required. The documents that are typically required for submitting a resealing application in Bahamas are a petition, original or certified copies of the death certificate, the original grant issued in the other jurisdiction, an affidavit of attorney which details the domicile of the deceased, the value of the assets in The Bahamas and date and place of death, and other documents that the Registrar may require such as proof of the identity of the applicant and the domicile of the deceased person. The entire process after all documentation have been submitted can take up to 8 months. The Trustees Act of The Bahamas provides some protections for the executor who distributes the assets in the estate after a grant of probate has been issued. The Act provides that when an executor considers the distribution among the persons entitled to any real or personal property in The Bahamas, he or she may give notice, by advertisement in the Gazette and in a newspaper published daily in The Bahamas, of their intention to make such distribution, requiring any person believing to have a claim, to make it known to them within a fixed time period. This advertisement serves as a protection for the executor against creditors who provided no notice of a claim whether formally or otherwise, who may later come forward after the fixed period in the published notice, following the distribution of the estate. Beneficiaries, however, should be aware that a creditor may, notwithstanding the advertisement published, follow the property or property representing it into the hands of the person who received the distribution. Fees for resealing applications in The Bahamas start at around $2,500, but the fees are based on the value of the assets. Additionally, there are court fees and disbursements that the applicant is also responsible for. Our chambers can be reached at (242) 677-5 (242) 677-5265 or (242) 356-3835 or [email protected] for assistance.
Capital Law Associates: A Professional and Friendly Law Firm in The BahamasEstate administration and probate can appear complex and administrative, but Capital Law Associates is here to make everything easy for you, we will provide the proper notices to possible creditors, gather assets on your behalf, pay off all debts, and then take care of the estate’s distribution. Our team of probate lawyers is on standby to answer questions and help you through any difficult time in your life. LET’S GET STARTED
Frequently Asked Questions
Probate typically takes 4-6 months to complete from the date of submission of the application, depending on your estate's complexity. However, it can take up to two years or more if you have complicated assets or significant debts.
The executor must submit the original will and an application to the Supreme Court's Probate Registry to receive the Grant of Probate. If the application is approved, the Grant of Probate effectively verifies the will and gives the executor the power to transfer the assets.
For a probation, the executor should file the following items:
- An original will;
- Affidavit of attesting witness;
- An oath of the Executor;
- A Bond for making return into the Registry;
- An original death certificate; and
- A Return of the valuation of all the property of the deceased.
Obtaining a grant of probate is simple as long as you have the necessary papers, namely a death certificate and the original will. In the case of the Bahamas, you will have to apply to the Supreme Court of The Bahamas' Probate Registry.
Wills and other estate documents are not publicly available.
For a will to be legal, the following requirements of Section 5 of the Wills Act must be followed: Written, with the signature of the testator or testatrix, or a person acting at their direction and in their presence at the bottom or end of the document.