Who can apply and how is the estate distributed?
On the one hand, when the deceased dies, and there is a valid will, the deceased would appoint someone known as an executor to make an application to the Probate section of the Supreme Court Registry for a grant of probate. With this grant, the executor is empowered to distribute the deceased’s estate according to his written wishes.
It is a bit different where the deceased left no will or no valid will was executed. A close relative of the deceased who has an interest in the estate may apply to the Court in the order of priority, the spouse of the deceased being the first in the line. Such a person could be the deceased’s spouse, a child of the deceased, and in some cases, a sibling may apply. That person is termed an administrator or administratrix and is responsible for applying for Letters of Administration. The administrator must file certain documents at the Supreme Court Registry, including an Application for Grant of Letters of Administration, an Oath of Intended Administrator, a Certificate of Proper Officer from GRA, a Statement of Assets and Liabilities, and an Original copy of the Death Certificate. This list is not exhaustive, and this application process is usually done through an Attorney-at-Law. Once the Letters of Administration are granted, the administrator or administratrix is empowered to distribute the property in accordance with Section 5 of the Civil Law of Guyana Act.
Mark’s property will not be distributed in a way to make sure his elderly parents and his brother’s children are taken care of. The law of intestacy would take effect upon his death. To ensure that your property is disposed of in the manner you desire upon your death, then you should execute a valid will. You don’t want to end up like Mark.
Estates Valued below the sum of $750,000 (Seven hundred and fifty thousand dollars)
Pursuant to the Deceased Persons Estates’ Administration (Amendment)Act 2021, letters of administration are not required for small estates in certain circumstances where the value of the estate does not exceed $750,000. In addition, proceeds of small intestate estates can be accessed from banks in the absence of a grant of letters of administration, where the value of the estate of the deceased does not exceed $750,000.
Section 25(1) (b) of the Principal Act is now amended to state that the value of estates that the Public Trustee can administer without the grant of letters of administration is $750,000.
Hence if Mark’s estate, for example, constituted cash in a Bank Account not exceeding $750,000, his wife would have been able to escape the time and expense of applying for letters of administration.
Thank you for making such information available. Dying intestate is a situation that occurs quite often and can become quite unpleasant,even when the court is involved and the law is clear. My prayer is that family members find ways to mend the broken relationships that sometimes result from such situations.