Title 15 — Decedents' Estates and Fiduciary Relations
24 chapters · 422 sections in this title.
15 V.I.C. § 391 Publication of notice of administration
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Every executor or administrator shall, immediately after his appointment, publish a notice thereof in some newspaper published in this territory, as may be designated by the court, as often as once a week for four successive weeks, and oftener if the court so directs. The executo…
15 V.I.C. § 392 Time for presentment of claims
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Before the expiration of the six months mentioned in section 391 of this title, a copy of the notice as published, with the proper proof of publication, shall be filed with the court. A claim not presented within six months after the first publication of the notice is not barred,…
15 V.I.C. § 393 Verification of claim
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Every claim presented to the executor or administrator shall be verified by the affidavit of the claimant, or some one on his behalf who has personal knowledge of the facts, to the effect that the amount claimed is justly due; that no payments have been made thereon, except as st…
15 V.I.C. § 394 Approval and rejection of claims
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When a claim is presented to the executor or administrator, as prescribed in section 393 of this title, if he is satisfied that the claim thus presented is just, he shall indorse upon it the words “Examined and approved”, with the date thereof, and sign the same officially, and s…
15 V.I.C. § 395 Court determination of claims
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If any executor or administrator refuses to allow any claim or demand against the deceased after it has been exhibited to him in accordance with the provisions of this subchapter, the claimant may present his claim to the court or the judge thereof for allowance, giving the execu…
15 V.I.C. § 396 Effect of judgment allowing claim
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The effect of a judgment against an executor or administrator on account of a claim against the estate of his testator or intestate, is only to establish the claim as if it had been allowed by him, so as to require it to be satisfied in due course of administration, unless it app…
15 V.I.C. § 397 Claim established by judgment
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A claim established by judgment against the deceased in his lifetime need not be verified by affidavit, but it is sufficient to present a certified copy of the judgment to the executor or administrator for allowance or rejection, as in other cases. This section does not prevent a…
15 V.I.C. § 398 Executor or administrator as creditor
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If the executor or administrator is himself a creditor of the testator or intestate, his claim, duly verified, may be presented to the court for allowance or rejection. The allowance of the claim by the court does not preclude a creditor, heir, or other person interested in the e…
15 V.I.C. § 421 Preferences in payment of claims and charges
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(a) The charges and claims against the estate which have been presented and allowed, or presented and disallowed but subsequently established by judgment, within the first three months after the date of the notice of appointment of the executor or administrator, shall be paid in …
15 V.I.C. § 422 Debt established by judgment against deceased in lifetime
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If a debt has been established by judgment against the deceased in his lifetime, the judgment, if the proceeds of the personal property are not sufficient to satisfy it, may, in the discretion of the court, be either satisfied from the proceeds of the sale of the property by the …
15 V.I.C. § 423 Payment when estate insufficient
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Except as specifically provided in sections 421 and 422 of this title, if the estate is insufficient to pay all the claims and charges of any one class, payable within any period of three months during the administration as provided in section 421(a) of this title, each creditor …
15 V.I.C. § 424 Funeral charges
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The executor named in the will, or if there is none, or if he fails to act, then the husband, widow, or next of kin, in the order named, may incur funeral charges on account of the estate in the burial of the deceased before administration of the estate is granted, and the burial…
15 V.I.C. § 425 Status of debts that have not matured
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A debt due and payable is not entitled to preference over one of the same class not due if the latter is presented within the same period. A debt not due, whether contingent or absolute, upon being presented shall, if absolute, be satisfied by the payment of such sum as the court…
15 V.I.C. § 426 Liability of executor or administrator after payment ordered
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When, upon the filing of a quarterly account, an order is made determining and prescribing the amount of assets applicable to the claims then presented, as provided in section 563 of this title, the executor or administrator is thereafter personally liable to each creditor includ…
15 V.I.C. § 427 Payment of legacies and distribution of proceeds of sale
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If all the charges and claims shall have been satisfied upon the first distribution of the assets or as soon thereafter as they may be, the court shall direct the payment of legacies and the distribution of the remaining proceeds of the personal property among the heirs or other …
15 V.I.C. § 428 Distribution of surplus proceeds from sale of land
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Except as provided in section 41 of this title, the real property of the deceased is the property of those to whom it descends by law or is devised by will, subject to the possession of the executor or administrator, and to be applied to the satisfaction of claims against the est…
15 V.I.C. § 429 Mortgages and other charges on real property inherited or devised
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Where real property, subject to a mortgage executed by any ancestor or testator, or subject to any other charge, including a lien for unpaid purchase money, descends to a distributee, or passes to a devisee, such distributee or devisee must satisfy and discharge the mortgage or o…
15 V.I.C. § 430 Real property taxes
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Notwithstanding any other law to the contrary, no interest or penalty shall accrue on real property taxes during the time that the real property for which the taxes are owed is involved in probate proceedings.
15 V.I.C. § 451 When application may be made
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At any time after the filing of the first quarterly account, any heir, devisee, or legatee may apply to the court by petition for an order that he have the possession and rents and profits of the portion of the real property to which he may be entitled and that payment be made to…
15 V.I.C. § 452 Notice of application
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Notice of the application referred to in section 451 of this title shall be given to the executor or administrator thirty days before the time at which it is made.
15 V.I.C. § 453 Bond by applicant
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(a) If, upon the hearing of the application referred to in section 451 of this title, it appears that the estate is but little in debt, the court may, in its discretion, grant the petition or some part thereof upon the condition that the applicant file with the court within a tim…
15 V.I.C. § 454 Decree for satisfaction of claim
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(a) If, after the giving of the undertaking referred to in section 453 of this title, it becomes necessary, in order to satisfy any claim against the estate, to require the payment of all or any part of the sum herein specified, the executor or administrator shall apply by petiti…