How long does probate take in Trinidad and Tobago?

From filing to the grant

The Non-Contentious Business Rules, in the First Schedule to the Wills and Probate Act (Chapter 9:03), set the steps. An application first made more than 3 years after the death must give the reason for the delay (r 7). Then:

1. Advertisement. The application is advertised once a week for at least 2 weeks in a daily newspaper, and once in the Gazette. It cannot go to the court until 3 weeks after the first advertisement, unless the Administrator General applies on behalf of the State (r 40). Where the estate is worth TT$4,800 or less and an executor or close relative applies, a 2-week notice in the registry normally replaces the advertisement (r 5).
2. Queries. No grant issues until the Registrar's enquiries are answered to the Registrar's satisfaction (r 9). Incomplete or defective papers delay the grant, so answer queries promptly.
3. Caveats. Once an application has been made, anyone claiming the right to the grant or objecting to the will can enter a caveat at any time before the grant issues. It stops the grant, lasts 6 months and can be renewed (Wills and Probate Act, s 39; rr 45–47). If that person is warned and enters an appearance, the matter becomes a court case (s 70; r 52).

Before the grant: what can and cannot be done

Until the grant, the estate vests in law in the Administrator General, who does not step in except as the Acts allow (Administration of Estates Act (Chapter 9:01), s 10(4)). A will has no effect until it is proved (Wills and Probate Act, s 21). In general, nobody can yet sell, transfer or collect the deceased's property.

• Protect the estate. While an application or court case is pending, the court can appoint an interim receiver or grant an injunction if the estate is in danger (s 37).
• Do not take it over. A person who takes possession of or administers any part of the estate without proving the will or taking out letters of administration within 3 months of the death or, if later, within 1 month after the end of any court case about the will or the right to administration or any application to the court, commits an offence (Wills and Probate Act, s 10). They are also answerable to those entitled (ss 10, 11).
• Partners: 28 days. An unmarried partner claiming on an intestacy must file a notification of interest with the Registrar within 28 days of the death, and then obtain a court order within 3 months after that or such other time as the court allows (Administration of Estates Act, s 25(3)).

After the grant: family claims, then the 12-month account

1. Collect the assets and pay the debts. The whole estate is available to pay the deceased's debts (Wills and Probate Act, s 7).
2. Wait for the time for family claims to pass. A spouse, child or other qualifying person can claim reasonable financial provision from the estate within a limited time after the first grant, or later with the court's permission (Succession Act (Chapter 9:02), s 98). Distributing before that time has passed can leave the executor or administrator personally exposed if a claim succeeds (s 114). If a claim is made, wait for its outcome.
3. File the account of receipts, payments and debts with the Registrar "within twelve months from the date of granting of probate or administration" (Wills and Probate Act, s 74(1)). Its cost comes out of the estate only if it is filed in time (s 75).
4. Transfer the property. Land passes by a deed of assent, conveyance or transfer, which is valid only once registered (Administration of Estates Act, ss 12(1), 13). After 1 year from the death, a person entitled can ask the court to order a transfer that was requested but not made (s 12(2)).

No estate duty

Estate duty was abolished for deaths on or after 1 January 1981 (Succession Act, s 122), and the Estate and Succession Duties Act was repealed in 2000 (Finance (Miscellaneous Provisions) Act 2000, s 9(1)). There is no estate duty to assess or pay before a grant. Estate duty still outstanding on the estate of anyone who died before 1981 was waived, but duty already paid is not refunded (s 9(2), (3)). Except in estates worth TT$4,800 or less where an executor or a close relative applies (r 5), the Registrar General's registration fee must be paid before the registry will receive the application (Wills and Probate Act, s 80).