Title 15 — Decedents' Estates and Fiduciary Relations
24 chapters · 422 sections in this title.
15 V.I.C. § 62 Applicability
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This chapter applies to the will of a decedent who dies on or after the effective date of this act.
15 V.I.C. § 7 Capacity to make wills of personal estate
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Every person of the age of eighteen years or upwards, of sound mind and memory, and no others, may give and bequeath his personal estate, by will in writing.
15 V.I.C. § 8 Nuncupative or holographic wills
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(1) No nuncupative or unwritten or holographic will, bequeathing or devising personal or real estate, shall be valid, unless made by a soldier or sailor while in actual military or naval service, or by a mariner while at sea and when made in the following manner—(1) a nuncupative…
15 V.I.C. § 9 Devise or bequest to certain societies, associations, corporations or purposes
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No person having a husband, wife, child, or descendant or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association, corporation or purpose, in trust or otherwise, mor…
15 V.I.C. § 81 Definitions and use of terms; effect of chapter
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(a) The term “real property” as used in this chapter, includes every estate, interest and right, legal and equitable, in lands, tenements and hereditaments, except such as are determined or extinguished by the death of an intestate, seized or possessed thereof, or in any manner e…
15 V.I.C. § 82 Modes, rules, and canons of descent abolished
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All existing modes, rules and canons of descent are hereby abolished. The determination of the degree of consanguinity of distributees of real and personal property shall be uniform, and shall be in accordance with the rules as applied immediately before the taking effect of this…
15 V.I.C. § 83 Dower and curtesy abolished; provisions in lieu thereof
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The shares of the surviving spouse as to real property as provided in this chapter and in section 10 of this title are in lieu of all rights of dower or curtesy therein. All rights of dower or curtesy in the estate of any person who dies after the effective date of this Code are …
15 V.I.C. § 84 Descent and distribution of estate of decedent
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(1) The real property of a deceased person, male or female, not devised, shall descend, and the surplus of his or her personal property, after payment of debts and legacies, and if not bequeathed, shall be distributed to the surviving spouses, children, or next of kin or other pe…
15 V.I.C. § 85 Advancements of real and personal estates
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If a child of an intestate shall have been advanced by him, by settlement or portion, real or personal property, the value thereof must be reckoned for the purposes of descent and distribution as part of the real and personal property of the intestate descendible and to be distri…
15 V.I.C. § 86 How advancement adjusted
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When an advancement to be adjusted consisted of real property, the adjustment must be made out of the real property descendible to the distributees. When it consisted of personal property, the adjustment must be made out of the surplus of the personal property to be distributed t…
15 V.I.C. § 87 Effect of divorce, abandonment, or refusal to support upon rights to distributive share
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(1) No distributive share of the estate of a decedent shall be allowed under the provisions of this chapter, either—(1) to a spouse against whom or in whose favor a final decree or judgment of divorce recognized as valid by the law of this territory has been rendered; or(2) to a …
15 V.I.C. § 88 Simultaneous deaths
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(a) Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as otherwise provi…
15 V.I.C. § 89 Payment of certain debts and funeral expense without administration
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(a) As used in this section— “debt” means (1) money payable on account of a deposit in a bank, national bank, trust company, savings bank, industrial bank, territorial or federal savings and loan association or territorial or federal credit union, or with a private banker payable…
15 V.I.C. § 121 Escheat of property
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When any person dies without heirs entitled by law to inherit, leaving any real or personal property in this territory, the same shall escheat to and become the property of this territory.
15 V.I.C. § 122 Action by Virgin Islands to recover property
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The government of the Virgin Islands may maintain any action or proceeding necessary to recover the possession of any property left under the conditions described in section 121 of this title, or for the enforcement or protection of the rights of this territory thereto or on acco…
15 V.I.C. § 123 Commencement of action
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When the Governor is informed or has reason to believe that any real or personal property has escheated to this territory he shall direct the United States attorney to file an information in behalf and in the name of the Government of the Virgin Islands in the district court, set…
15 V.I.C. § 124 Appointment of receiver
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The court, upon the information being filed as provided in section 123 of this title, with and upon the application of the United States attorney, either before or after answer, upon notice to the party claiming such estate, if known, may upon sufficient cause therefor being show…
15 V.I.C. § 125 Appearance and trial of issues
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(a) All persons named in the information referred to in section 123 of this title may appear and answer or deny the facts stated at any time before the time for answering expires; and any other person claiming an interest in such estate may appear and be made a defendant by motio…
15 V.I.C. § 126 Order of sale
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In any judgment rendered by any court of competent jurisdiction, escheating property to this territory, on motion of the United States attorney, the court shall make an order that such property be sold at public sale, and upon such terms, whether for cash or credit, or both, as s…
15 V.I.C. § 127 Claim to escheated property
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Within ten years after judgment in any proceeding had under this chapter, a person not a party or privy to such proceeding may file a petition in the district court showing his claim or right to the property or the proceeds thereof. A copy of such petition shall be served upon th…
15 V.I.C. § 128 Unclaimed bank deposits
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When the Governor is informed or has reason to believe that any bank, banker, or other banking institution in the Virgin Islands has or holds on deposit or otherwise any fund, funds, or other property of any kind or nature which has escheated to this territory, he shall direct th…
15 V.I.C. § 161 Jurisdiction of district court
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(1) In addition to the jurisdiction and powers conferred upon it by other provisions of law, the district court has jurisdiction and the power to administer justice in all matters relating to the affairs of decedents, and, upon the return of any process, to try and determine all …
15 V.I.C. § 162 Mode of proceeding; pleadings
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The mode of proceeding in testamentary or probate matters is in the nature of a suit in equity, and the pleadings and forms thereof shall be as prescribed by rules of the district court.
15 V.I.C. § 163 Books to be kept in probate matters
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The proceedings in probate matters shall be entered and recorded in the following books— (1) a register, in which shall be entered a memorandum of all official business transacted by the court appertaining to the estate of each person deceased under the name of such person; (2) a…
15 V.I.C. § 164 Indexes to books
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To each of the books referred to in section 163 of this title there shall be attached an index, securely bound in the volume, referring to the entries or records, in alphabetical order, under the name of the person to whose estate or business they relate and naming the page of th…
15 V.I.C. § 165 Costs and witness fees
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With respect to matters to which this chapter relates, costs may be awarded in favor of one party against another, to be paid personally or out of the estate or fund, in any proceedings contested adversely. Such costs shall not exceed those allowed in the trial of a civil action …
15 V.I.C. § 166 Orders, judgments, or decrees for payment of money
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With respect to matters to which this chapter relates, orders, judgments, or decrees for the payment of money may be enforced, by execution or otherwise, in the same manner as other orders, judgments, or decrees for the payment of money in the district court.
15 V.I.C. § 167 Administration in summary manner
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Estates, wherein the value of the assets is less than one hundred thousand dollars, may be administered in a summary manner, under such general and special rules as may be prescribed by the Superior Court.
15 V.I.C. § 168 Presumption of death
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In case of the absence from the jurisdiction of any person owning property therein, for a period of ten years or more, during which time there has been no knowledge or means of knowledge of his whereabouts afforded by him or obtainable by the exercise of reasonable diligence on t…
15 V.I.C. § 191 Petition for settlement without administration
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(1) Whenever a person dies intestate, leaving no debts, or such debts as his heirs choose to assume and pay, the heirs may present to the court a petition duly verified by two witnesses, which shall state—(1) the name and residence of the deceased;(2) the date of his death, suppo…
15 V.I.C. § 192 Inventory to be annexed to petition
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An inventory of all property left by the deceased shall be annexed to the petition referred to in section 191 of this title. The inventory shall state the true and fair value of the property at the time of the decedent's death, shall be sworn to by two responsible persons, and sh…
15 V.I.C. § 193 Presentation of petition to United States attorney
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Before presentation of the petition referred to in section 191 of this title to the court for consideration it shall be submitted to the United States attorney who, if satisfied as to the correctness of the valuation as shown by the inventory and sworn to, shall approve the petit…
15 V.I.C. § 194 Deposit and payment of tax
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After publication of notice to creditors once a week for four weeks and upon the approval, by the United States attorney or by judgment on rule, of the petition referred to in section 191 of this title, the amount of the inheritance tax shall be deposited with the clerk of the co…
15 V.I.C. § 195 Judgment prima facie proof of title
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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…
15 V.I.C. § 196 Acceptance of estate on behalf of minors
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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…
15 V.I.C. § 197 Creditor's lien
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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…
15 V.I.C. § 198 Procedure where decedent left will
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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…
15 V.I.C. § 199 Service of process upon absent heir or legatee
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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…
15 V.I.C. § 200 Prescribed period when transactions voidable by creditor
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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…
15 V.I.C. § 201 Nontestamentary nature of provisions for nonprobate transfer on death
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(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…
15 V.I.C. § 201a Liability of nonprobate transferees for creditor claims and statutory allowances
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(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…
15 V.I.C. § 202 Short title
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This chapter may be cited as The Virgin Islands Uniform Real Property Transfer on Death Act.
15 V.I.C. § 202a Definitions
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(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…
15 V.I.C. § 203 Applicability
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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.
15 V.I.C. § 204 Nonexclusivity
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This subchapter does not affect any method of transferring property otherwise permitted under the law of this Territory.
15 V.I.C. § 205 Transfer on death deed authorized
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An individual may transfer property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed.
15 V.I.C. § 206 Transfer on death deed revocable
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A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
15 V.I.C. § 207 Transfer on death deed nontestamentary
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A transfer on death deed is non-testamentary.
15 V.I.C. § 208 Capacity of transferor
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The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
15 V.I.C. § 209 Requirements
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(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…