OBTAINING PROBATE OF AN ESTATE
Where a person has died testate (leaving a will) a grant of probate or letters of administration with the will annexed is required before the estate can be administered.
Obtaining probate usually takes between 6 to 12 weeks from the time we have been provided with all the relevant documents and information.
Personal attendance at the Guyana Revenue Authority to declare the estate is required. If the executor is not in Guyana s/he can appoint an attorney to obtain letters of administration with the will annexed on her/his behalf.
1. Documents and information required
1. The original will
2. Original death certificate
3. Copy of marriage certificate (if applicable)
4. Details of assets and liabilities of the deceased (immovable properties; motor vehicles; bank accounts; insurance policies; shares; amounts receivable and due etc.), together with originals or copies of transports; certificates of title; certificates of registration; share certificates etc.)
5. Valuations of the assets and liabilities as at the date of death.
2. We prepare an inventory of the assets and liabilities of the estate, a statement of assets and liabilities and declaration and deliver them to the Guyana Revenue Authority (GRA) with the will, a copy of the death certificate and the certificates of valuation.
3. We arrange for attendance by the executor or her/his attorney at the GRA to declare the estate.
4. The GRA issues a notice of the process fee payable (½% of the gross value of the estate).
5. When the process fee has been paid, we uplift the certificate of payment and the statement of assets and liabilities as accepted by the GRA.
6. We prepare, arrange for execution and file the application for probate, executor/administrator’s oath and affidavit of an attesting witness to the will with supporting documents.
7. We uplift the probate with the will and statement of assets and liabilities attached. The executor (in the case of probate) or administrator (in the case of letters of administration with the will annexed) may then administer the estate in accordance with the will.
8. Our fees are 5% of the gross value of the estate plus 16% VAT and disbursements.
If there is anything that you need explaining more fully, please do not hesitate to ask a member of our estates staff or a partner. We will of course be happy to provide an update at any time.