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Virgin Islands Statutes, Title 15

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Virgin Islands/Statutes

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Title 15, Decedents' Estates and Fiduciary Relations

24 chapters · 354 sections in this title.

All chapters in Title 15354 Ch 13, Disposition of Estates Without Admin…45 Ch 1, Wills41 Ch 62, Virgin Islands Uniform Transfers to …24 Ch 59, Accounting by Trustees23 Ch 60, Uniform Custodial Trust23 Ch 23, Claims and Charges Against the Estate22 Ch 57, Trusts and Trustees21 Ch 29, Actions by or Against Executors, Adm…18 Ch 65, Fiduciary Access to Digital Assets17 Ch 25, Sale of Property by Executors or Adm…16 Ch 1A, Virgin Islands Uniform Electronic Wi…12 Ch 55, Liability for Breach of Fiduciary Duty12 Ch 19, Inventory and Appraisal10 Ch 27, Accounts of Executors and Administrators10

354 sections·Filtered byTitle 15✕

15 V.I.C. § 211 Revocation by instrument authorized; revocation by act not permitted
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(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…
15 V.I.C. § 212 Effect of transfer on death deed during transferor’s life
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(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…
15 V.I.C. § 213 Effect of transfer on death deed at transferor’s death
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(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…
15 V.I.C. § 214 Disclaimer
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A beneficiary may disclaim all or part of the beneficiary’s interest as provided by subchapter IV of this chapter.

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15 V.I.C. § 215 Liability for creditor claims and statutory allowances

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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.

15 V.I.C. § 216 Optional form of transfer on death deed

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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…

15 V.I.C. § 217 Uniformity of application and construction

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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.

15 V.I.C. § 218 Short title and definitions

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(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) “…

15 V.I.C. § 219 Power to disclaim; general requirements; when irrevocable

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(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…

15 V.I.C. § 220 Disclaimer of interest in property

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(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…

15 V.I.C. § 221 Disclaimer of rights of survivorship in jointly held property

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(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 …

15 V.I.C. § 222 Disclaimer of interest by trustee

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

15 V.I.C. § 223 Disclaimer of power of appointment or other power not held in fiduciary capacity

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(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…

15 V.I.C. § 224 Disclaimer by appointee, object, or taker in default of exercise of power of appointment

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(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…

15 V.I.C. § 225 Disclaimer of power held in fiduciary capacity

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(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…

15 V.I.C. § 226 Delivery or filing

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(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…

15 V.I.C. § 227 When disclaimer barred or limited

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(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…

15 V.I.C. § 228 Tax qualified disclaimer

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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…

15 V.I.C. § 229 Recording of disclaimer

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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 …

15 V.I.C. § 230 Application to existing relationships

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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…

15 V.I.C. § 231 Relation to Electronic Signatures in Global and National Commerce Act

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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…

15 V.I.C. § 232 Uniformity of application and construction

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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.

15 V.I.C. § 233 Severability clause

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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…

15 V.I.C. § 234 Failure of executors to accept or qualify

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If all the persons named in a will as executors decline to accept or are disqualified, letters of administration with the will annexed shall be issued to the person to whom the administration would have been granted if there had been no will.

15 V.I.C. § 235 Qualifications of executors and administrators

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(a) The following persons are not qualified to act as executors or administrators: nonresidents of the Virgin Islands, minors, judicial officers of the district court, persons of unsound mind, or who have been convicted of any felony or of a misdemeanor involving moral turpitude:…

15 V.I.C. § 236 Priority in appointment of administrators

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(a) Administration of the estate of an intestate shall be granted and letters thereof issued, to—(1) the widow or next of kin, or both, in the discretion of the court;(2) one or more of the principal creditors; or(3) any other person competent and qualified whom the court may sel…

15 V.I.C. § 237 Priority of husband as administrator

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If the deceased was a married woman, the administration of her estate shall in all cases be granted to her husband, if he is qualified and competent for the trust and applies therefor within thirty days from her decease, unless by force of a marriage settlement or otherwise she h…

15 V.I.C. § 238 Special administrators

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When for any reason there is a delay in issuing letters testamentary or of administration, and the property of the deceased is in danger of being lost, injured, or depreciated, the court may appoint a special administrator to take charge of the estate. Such administrator shall qu…

15 V.I.C. § 239 Bond of executor or administrator

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(a) No executor or administrator may act as such until he files with the court an undertaking in a sum to be determined by the court of not less than the probable value of the estate with one or more sufficient sureties, to be approved by the court, to be void upon condition that…

15 V.I.C. § 240 Revocation of letters

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(a) If, after administration has been granted upon an estate, a will of the deceased be found and proved, the letters of administration shall be revoked and letters testamentary or of administration with the will annexed shall be issued; and if, after a will has been proven and l…

15 V.I.C. § 241 Death, resignation or removal of executor or administrator

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(a) The court in its discretion, may allow an executor or administrator to resign when it appears that the executor or administrator is not in default in any matter connected with the duties of his trust. The executor or administrator shall pay the cost of the proceeding, and, if…

15 V.I.C. § 271 Inventory and appraisal of partnership property

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The executor or administrator of a deceased person who was a member of a partnership shall include in the inventory of the estate, in a separate schedule, the whole of the property of the partnership; and the appraisers shall estimate the value thereof and also the value of the d…

15 V.I.C. § 272 Administration by surviving partner

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After the inventory referred to in section 271 of this title is taken the partnership property shall be in the custody and control of the executor or administrator for the purpose of administration, unless the surviving partner shall, within five days from the filing of the inven…

15 V.I.C. § 273 Bond of partnership administrator

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The undertaking of the administrator of a partnership shall be in a sum not less than the value of the partnership property and shall be given in the same manner and be to the same effect as the undertaking of a general administrator.

15 V.I.C. § 274 Powers and duties of partnership administrator

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If the surviving partner apply therefor, as provided in section 272 of this title, he is entitled to the administration of the partnership estate if he has the qualifications and competency required for a general administrator. He is denominated an administrator of the partnershi…

15 V.I.C. § 275 Administration by other than surviving partner

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In case the surviving partner is not appointed administrator of the partnership, the administration thereof devolves upon the executor or general administrator. Before entering upon the duties of the administration, the executor or general administrator shall give an additional u…

15 V.I.C. § 276 Duties of surviving partner

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(a) Every surviving partner, on the demand of an executor or administrator of a deceased partner, shall exhibit and give information concerning the property of the partnership at the time of the death of the deceased partner, so that the same may be correctly inventoried and appr…

15 V.I.C. § 311 Right to possession of property

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The executor or administrator is entitled to the possession and control of the property of the deceased both real and personal and to receive the rents and profits thereof until the administration is completed, or the same is surrendered to the heirs or devisees by order of the c…

15 V.I.C. § 312 Filing of inventory

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An executor or administrator shall within one month from the date of his appointment, or such further time as the court may allow, make and file with the clerk of the court an inventory, verified by his oath, of all the real and personal property of the deceased which comes to hi…

15 V.I.C. § 313 Contents of inventory

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The inventory referred to in section 312 of this title shall contain an account of all money belonging to the deceased, or a statement that none has come to the possession or knowledge of the executor or administrator. It shall also contain a statement of all debts due the deceas…

15 V.I.C. § 314 Appraisal of property

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(a) Before the inventory referred to in section 312 of this title is filed, the property therein specified which is in this territory shall be appraised at its true cash value by two disinterested and competent persons, who shall be appointed by the court. (b) Before making the a…

15 V.I.C. § 315 Inventory of claims of testator against executor

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The naming of any one as executor in a will shall not operate to discharge such executor from any claim which the testator had against him, but the claim shall be included in the inventory. If the person so named afterwards takes upon himself the administration of the estate, he …

15 V.I.C. § 316 Discharge or bequest of debt in will

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The discharge or bequest in a will of any claim of the testator against a person named as executor therein, or against any other person, shall, as against the creditors of the deceased, be invalid. Such claim shall be included in the inventory, and for all purposes of administrat…

15 V.I.C. § 317 Newly discovered property

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If, after the filing of the inventory, property not mentioned therein shall come to the knowledge or possession of the executor or administrator, he shall immediately make an inventory thereof and cause the same to be appraised in the manner prescribed in this chapter and file th…

15 V.I.C. § 318 Concealing, secreting or disposing of property

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(a) Whenever it appears probable from the affidavit of an executor or administrator, or of an heir or other person interested in the estate, that any person has concealed or in any way secreted or disposed of any property of the estate, or any writing relating or pertaining there…

15 V.I.C. § 319 Examination of persons entrusted with property

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The court, upon the application of the executor or administrator, may cite any person who has been intrusted with any of the property of the deceased to appear and answer concerning the same when it appears probable that such person refuses or neglects to render to the executor o…

15 V.I.C. § 320 Embezzlement of decedent's property

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If any person, before administration is granted, embezzles, aliens, or in any way converts to his own use any of the property of a deceased person, he shall be liable to the executor or administrator in double the amount of damages which may be assessed.

15 V.I.C. § 351 Possession before inventory

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Until administration of the estate has been granted and the inventory filed, the widow and minor children of the deceased are entitled to remain in possession of the homestead, of all the wearing apparel of the family, and of all the household furniture of the deceased. They are …

15 V.I.C. § 352 Property set apart after inventory

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Upon the filing of the inventory, the court shall make an order setting apart for the widow or minor children of the deceased, if any, all the property of the estate by law exempt from execution. The property thus set apart, if there be a widow, is her property, to be used or exp…

15 V.I.C. § 353 Right to additional allowance

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If the property set apart as provided in section 352 of this title is insufficient for the support of the widow and minor children, according to their circumstances and condition in life, for one year after the filing of the inventory, the court may order that the executor or adm…