Title 15 — Decedents' Estates and Fiduciary Relations
24 chapters · 422 sections in this title.
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…
15 V.I.C. § 354 Estates insufficient for family support
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If, from the inventory of an intestate's estate, who died leaving a widow or minor children, it appears that the value of the estate does not exceed property exempt from execution, upon the filing of the inventory the court shall make an order providing that the whole of the esta…
15 V.I.C. § 355 Status of estate in absence of widow or children
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If an intestate leaves neither widow nor minor children, all the property of the estate is assets in the hands of the administrator, for the payment of funeral expenses, expenses of administration, payment of the debts of the deceased, or distribution according to law.
15 V.I.C. § 356 Rights of widow as to dwelling house and sustenance
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A widow may remain in the dwelling house of her husband one year after his death without being chargeable with the rent therefor, and shall have reasonable sustenance out of the estate for one year.
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…
15 V.I.C. § 491 Sale by order of court
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No sale of the property of a decedent's estate is valid unless made by order of the district court, as in this chapter prescribed, or unless otherwise authorized by law or the decedent's will. The application for an order of sale shall be the petition of the executor or administr…
15 V.I.C. § 492 Sale of property to pay charges, expenses and claims
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(a) Upon the filing of the inventory the executor or administrator may make an application to sell the personal property of the estate for the purpose of paying the funeral charges, expenses of administration, the claims, if any, against the estate, and for the purposes of distri…
15 V.I.C. § 493 Status of devised or bequeathed property
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The property, real and personal, given by the will to any devisee or legatee, is liable for the payment of the funeral charges, expenses of administration, and of claims against the estate. If there is more than one devisee or legatee, such liability is in proportion to the value…
15 V.I.C. § 494 Manner of sale of personal property
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(a) Upon issuance by the court of the order prescribed in section 492(a) of this title, the executor or administrator shall sell such personal property from time to time for the purpose specified in such section 492, and as often and as much thereof as may be necessary. Such sale…
15 V.I.C. § 495 Petition for order of sale of real property
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(a) The petition for an order of sale of real property shall state the amount of the sales of personal property, the charges, expenses, and claims still unsatisfied, so far as the same can be ascertained, a description of the real property of the estate, the condition and probabl…
15 V.I.C. § 496 Service of citation
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Upon the heirs or devisees known and resident within the Virgin Islands the citation referred to in section 495(b) of this title shall be served and returned as a summons, and upon an heir or devisee unknown or non-resident it may be served by publication or posting, or both, for…
15 V.I.C. § 497 Order of sale of real property
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If, upon the hearing pursuant to sections 495 and 496 of this title, the court finds that it is necessary that the real property, or any portion thereof, should be sold it shall make the order accordingly, and prescribe the terms thereof, whether of cash or credit, or both. If su…
15 V.I.C. § 498 Manner of sale of real property
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Upon the order of sale being made under section 497 of this title, the executor or administrator shall sell the property therein specified upon the terms directed and in the manner herein otherwise provided. Such sale shall be made in the same manner as like property is sold on e…
15 V.I.C. § 499 Court review of sale
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(a) Within ten days after the sale of real property under section 499 of this title the executor or administrator shall make a return of his proceedings concerning the sale. Upon the return any of the persons cited to appear on the application for the order of sale may file his o…
15 V.I.C. § 500 Conveyance of real property by order
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(a) A conveyance executed by an executor or administrator shall set forth the date of the order directing the sale, and the book, number thereof, and page containing the same, and the date of the order confirming the sale and directing the conveyance, and the book, number thereof…
15 V.I.C. § 501 Confirmation of conveyances of real property; action to quiet title; limitation on actions by heirs
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When any real estate has been heretofore or shall be hereafter sold by any executor or administrator under or by virtue of an order of the district court and the sale shall have been approved by the district court and the purchaser shall have paid the purchase money for the same,…
15 V.I.C. § 521 Sale of real property purchase contract
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(a) If the deceased was, at the time of his death, a party to a contract for the purchase of real property, his interest in the real property by virtue of the contract may be sold in the same manner as if the contract had been executed in the lifetime of the deceased, by a convey…
15 V.I.C. § 522 Redemption of mortgaged property
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(a) If the deceased left any property, real or personal, under mortgage, and did not devise or provide for the redemption of the same by will, the court, upon the application of the executor or administrator, or the application of an heir or creditor or other person interested in…
15 V.I.C. § 523 Sale of mortgaged property
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(a) If, upon application, the redemption referred to in section 522 of this title is deemed inexpedient or not proper, the court shall order the mortgaged property to be sold in like manner and with like effect as is provided in other cases of the sale of real property by this ch…
15 V.I.C. § 524 Foreclosed mortgages
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Sections 523 and 524 of this title shall not be construed to apply to a mortgage which has been foreclosed, or upon which a suit has been commenced for foreclosure before the application for the order of redemption or sale is made, nor to any other lien arising upon judgment or d…
15 V.I.C. § 525 Transactions to delay, hinder or defraud creditors
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(a) Whenever the assets of the estate are insufficient to satisfy the funeral charges, expenses of administration, and claims against the estate, and the deceased in his lifetime has made or suffered any conveyance, transfer, or sale of any property, real or personal, or any righ…
15 V.I.C. § 561 Frequency and content of accounts
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An executor or administrator shall, within three months from the date of the notice of his appointment, and every three months thereafter until the administration is completed and he is discharged from his trust, render an account, verified by his own oath, and file the same with…
15 V.I.C. § 562 Court order to appear and account
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An executor or administrator who fails to file an account, as required in section 561 of this title, may be required by a citation, or ordered by the court to appear and do so, either upon the application of an heir or creditor, or other person interested in the estate, or withou…
15 V.I.C. § 563 Determination of sufficiency of estate
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Within thirty days after the filing of the first quarterly account pursuant to section 561 of this title, and at each quarterly account thereafter, the court shall ascertain and determine if the estate is sufficient, after payment of funeral charges and expenses of administration…
15 V.I.C. § 564 Filing of final account
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(a) When the estate is fully administered the executor or administrator shall file his final account. Such account shall be verified and shall contain a detailed statement of the amount of money received and expended by him, from whom received and to whom paid, and refer to the v…
15 V.I.C. § 565 Objections to final account
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An heir, creditor, or other person interested in the estate may, on or before the day appointed for the hearing and settlement referred to in section 564 of this title, file his objections thereto, or to any particular item thereof, specifying the particulars of his objection. No…
15 V.I.C. § 566 Allowance or disallowance of final account
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Upon the hearing referred to in section 564 of this title, the court shall give a decree allowing or disallowing the final account, either in whole or in part, as may be just and right. The decree in any other action or proceeding between the parties interested or their represent…
15 V.I.C. § 567 Liability of executor or administrator
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(a) An executor or administrator is chargeable in his account with all the property of the estate which may come into his possession at the value of the appraisement contained in the inventory, except as in this chapter otherwise provided. (b) An executor or administrator shall n…
15 V.I.C. § 568 Expenses of executor
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An executor or administrator shall be allowed in the settlement of his account, all necessary expenses incurred in the care, management, and settlement of the estate, including reasonable attorney's fees in any necessary litigation or matter requiring legal advice or counsel.