Title 15, Decedents' Estates and Fiduciary Relations

In the judgment recognizing the heirs and placing them in possession of the estate of the deceased, the real estate shall be described in detail. A registration in the office of the proper recorder of deeds of said judgment, or a certified copy thereof, shall be prima facie proof…

Where all or any of the heirs are minors, acceptance of the estate can only be made for said minors after the filing of an inventory and appraisement, as provided for by chapter 19 of this title, provided that the acceptance by either surviving spouse, by a guardian, or another a…

Any creditor may obtain and preserve a lien against all property of the decedent by filing for recordation, within 1 year after the decedent's death, in the office of the clerk of the court, a sworn itemized account of his claim and from the date of recordation said claim shall b…

If the decedent has left a last will and testament, the legatee or legatees under the will, may, after inventory and appraisement and appointment of executor or administrator, if an administration is unnecessary, apply to the court to be recognized and placed in possession upon s…

Any heir or legatee, non-resident of the Virgin Islands, or who shall remove therefrom after having been placed in possession of any of the assets of an estate under this chapter in relation to any claim against said estate is presumed to have consented to be sued in the District…

In the interval between the entry of a judgment placing heirs in possession as provided for in this chapter and 120 days thereafter, any alienation, transfer, assignment, mortgage or encumbrance of the assets of the estate shall be voidable as against any creditor prejudiced ther…

(1) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual reti…

(a) In this section, “nonprobate transfer” means a valid transfer effective at death, other than a transfer of a survivorship interest in a joint tenancy of real estate, by a transferor whose last domicile was in the Virgin Islands to the extent that the transferor immediately be…

This chapter may be cited as The Virgin Islands Uniform Real Property Transfer on Death Act.

(a) In this subchapter:(a) “Beneficiary” means a person that receives property under a transfer on death deed.(b) “Designated beneficiary” means a person designated to receive property in a transfer on death deed.(c) “Joint owner” means an individual who owns property concurrentl…

This subchapter applies to a transfer on death deed made before, on, or after the effective date of this subchapter by a transferor dying on or after the effective date of this subchapter.

This subchapter does not affect any method of transferring property otherwise permitted under the law of this Territory.

An individual may transfer property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed.

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.

A transfer on death deed is non-testamentary.

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.

(1) A transfer on death deed:(1) Except as otherwise provided in paragraph (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;(2) must state that the transfer to the designated beneficiary is to occur at the transfer…

(a) A transfer on death deed is effective without:(a) notice or delivery to or acceptance by the designated beneficiary during the transferor’s life; or(b) consideration. (a) notice or delivery to or acceptance by the designated beneficiary during the transferor’s life; or (b) co…

(a) Subject to subsection (b), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:(1) is one of the following:(A) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;(B) an…

(1) A transfer on death deed does not:(1) affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;(2) affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the de…

(a) Except as otherwise provided in this section:(i) the transfer on death deed;(ii) the anti-lapse provisions of section 21 of title 15;(iii) the revocation by divorce provisions of section 87 of this title;(iv) the doctrine of revocation by homicide as provided in the common la…

A beneficiary may disclaim all or part of the beneficiary’s interest as provided by subchapter IV of this chapter.

A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor’s probate estate and statutory allowances to a surviving spouse and children to the extent provided in section 352 of this title.

The following form may be used to create a transfer on death deed. The other sections of this subchapter govern the effect of this or any other instrument used to create a transfer on death deed:(front of form)REVOCABLE TRANSFER ON DEATH DEEDNOTICE TO OWNERYou should carefully re…

In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states and territories that enact it.

(a) Short title. This subchapter may be cited as The Virgin Islands Uniform Disclaimer of Property Interests Act. (b) Definitions. In this subchapter:(1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.(2) “…

(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation…

(a) In this section:(1) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.(2) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment. (1) “F…

(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:(1) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder …

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

(1) If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.(2) If the h…

(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (b) A disclaimer of an interest in property by an object or taker in default of an exercis…

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exerc…

(a) In this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:(1) an annuity or insurance policy;(2) an account with a designation for payment on death;(3) a security registered in beneficiary form;(4) a p…

(a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:(1) the disclaimant accepts the interest sought to be disclaimed;(2) the dis…

Notwithstanding any other provision of this subchapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of title 26 of the United States Code, or any successor statute thereto, and the regulations promulgated…

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Failure to file, record, or register the disclaimer does not …

Except as otherwise provided in section 220, an interest in or power over property existing on the effective date of this subchapter as to which the time for delivering or filing a disclaimer under law superseded by this subchapter has not expired may be disclaimed after the effe…

This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede § 101(c) of that act 15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the not…

In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.

If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the pro…