Probate Forms
Probate Forms
PETITION
In the Estate of (state full name) late of (state full address), deceased.
…...........................................
(Print name of applicant)
…............................................
(Signature of applicant)
In the Estate of (state full name) late of (state full address), deceased.
I, (State full name), of (state full address) in the island of (state name of
island)(state occupation) make oath and say [do solemnly, sincerely, and truly
declare and affirm] that -
1. I am one of the attesting witnesses to the last will and testament [or
codicil as the case may be], of (state full name), late of (state full address),
deceased.
2. The said will [codicil] dated the day of , 20 is hereto annexed and marked
“A”.
3. The deceased executed the said will [codicil] on the day of the date
thereof, by signing his/her name [at the foot or end thereof], as the same now
appears thereon, in the presence of (name of the other witness) and me, both of us
being present at the same time, and we thereupon attested and subscribed the said
will [codicil) in the presence of the said testator.
…...................................
Name of witness
FORM 3
OATH OF AN EXECUTOR
In the Estate of (state full name), late of (state full address), deceased.
I/We,
make oath and say [do solemnly and sincerely declare and affirm] that —
1. I/We believe the annexed paper writing marked “A” to contain the true
and original last will and testament [and/or codicil] of the deceased (name of
deceased) who died on the day of 20 , at (state full address) domiciled (state
name of place of domicile).
2. The annexed document marked “B” is a certified copy of the death
certificate of the deceased.
3. To the best of my knowledge, information and belief the said (state name
of deceased) at the date of [his][her] death was seised in fee simple in possession
(give particulars of description of land) .
4. I/we am/are the executor(s) [one of the executors] therein named.
5. Notice was given to the executors to whom power has been reserved
namely (state full names) on the day of 20.
6. The [certified copy of the death certificate of] [deed of renunciation of
probate made by (name of executor who has died or renounced probate)] is
annexed and marked “C”.
7. I/We undertake that in the event that such grant being made to me/us,
I/we shall, (where such information is not obtainable upon the filing of the
petition), within —
(a) six months after the date of the grant of representation, where the
estate of the deceased is situate on New Providence;
(b) nine months after the date of the grant of representation, where
the estate of the deceased or any part thereof is situate on any of
the Family Islands,
cause to be filed a duly completed return in respect of the true value and personal
effects and estate of the deceased in accordance with Form 16.
8. I/We will well and faithfully administer the real and personal estate and
effects of the deceased, pay his/her just debts and the legacies contained in
his/her will [or will and codicil], and distribute the residue of his/her estates
according to law.
9. I/We will exhibit a true and perfect inventory of all and singular the said
real and personal estates and effects and render a just and true account thereof,
whenever required by law so to do;
10. I/We will pay the just debts of the deceased owing at the time of his
decease.
11. To the best of our/my knowledge, information and belief, the whole of
the property of the said deceased to be affected by the grant applied for, is
comprised or referred to in the Schedule annexed to this affidavit and the
personal estate and effects of which the said deceased died possessed, are under
the value of (specify sum) dollars.
….....................................................
Names of Executor(s)
BEFORE ME,
REGISTRAR/NOTARY PUBLIC
SCHEDULE
PART A
$
Household goods, linen, wearing apparel, $25.00
books, plate, jewels, etc.
Other personal estate not comprised under the foregoing heads Nil
(State here a description of the real estate of the deceased identifying the
boundaries thereof, how the property is held (whether held as sole owner or
tenant in common) and provide a copy of proof of ownership or if unavailable,
such other evidence or explanation as may be acceptable to the court)
Lot No. 336 Bay Street, in the City of Nassau
OR
Land with dwelling house therein known as "Jumper Estate", on Farm Road,
Southern District of the Island of New Providence.
OR
Farm land called "The Grove Estate", at Tarpum Bay, in the Island of Eleuthera.
Approximately 20 acres. Leased to Joan Doe.
OR
In the Estate of (state full name) late of (state full address), deceased.
BE IT KNOWN that—
2. Administration of all the real and personal estate and effects of the said
deceased was granted by this court to (state name of executor(s)), the sole
executor (or as the case may be) named in the said will, he/she/they having been
first sworn well and faithfully to administer the same according to law and to
render a just and true account thereof whenever required by law so to do.
3. The grant is in full force and effect and has not been revoked.
….......... ...........................
JUDGE
FORM 5
1. I believe the paper writing (or the paper writings) hereunto annexed and
marked by me to contain [the true and original last will and testament] [or a copy
of the true and original last will and testament] [or the last will and testament
with codicil(s)] of the deceased (state full name), late of (state full address) who
died on the (state date) day of (state month) , 20 in the island of (state name of
island), domiciled in (state name of place of domicile).
5. I/We undertake that in the event that such grant being made to me/us,
I/we shall, (where such information is not obtainable upon the filing of the
petition), within —
(a) six months after the date of the grant of representation, where the
estate of the deceased is situate on New Providence;
(b) nine months after the date of the grant of representation, where
the estate of the deceased or any part thereof is situate on any of
the Family Islands,
cause to be filed a duly completed return in respect of the true value and personal
effects and estate of the deceased in accordance with Form 16.
6. I will well and faithfully administer the real and personal estate and
effects of the deceased, pay his/her just debts and the legacies contained in
his/her will [or will and codicil(s)], and distribute the residue of his/her estates
according to law.
7. I will exhibit a true and perfect inventory of all and singular the said real
and personal estate and effects and render a just and true account thereof,
whenever required by law so to do;
9. The said testator at the time of his death had a fixed place of abode at
(state full address).
10. To the best of my knowledge, information and belief, the whole of the
property of the said deceased to be affected by the grant applied for, is comprised
or referred to in the Schedule annexed to this affidavit and the personal estate and
effects of which the said deceased died possessed, are under the value of (specify
amount) dollars.
…....…...........................................................
Print name of Intended Administrator(s)
…...............................................................
Signature of Intended Administrator
BEFORE ME
REGISTRAR/NOTARY PUBLIC
SCHEDULE
(SAME SCHEDULE AS IN FORM 3)
FORM 6
In the Estate of ( state full name) late of (state full address), deceased.
BE IT KNOWN, that —
1. We,
(a) (state full name, full address and occupation of each
administrator);
(b) (state full name, full address and occupation of each bondsman),
are jointly and severally bound unto the Honourable Chief Justice in the sum of
(state full amount in words and numbers), to be paid to the said Chief Justice, for
which payment well and truly to be made we bind ourselves, our heirs, executors
and administrators.
2. If (state full name) the intended administrator(trix) with the will annexed
of all the real and personal estate and effects of the said (state full name of
deceased), late of (state full address) deceased, who died on the day of 20 , do,
when lawfully called on in that behalf —
(a) collect and get in the estate of the deceased and to administer it
according to law;
(b) make or cause to be made a true and perfect inventory of all the
said estate and effects of (state full name of deceased), which
have or shall come to his hands, possession or knowledge;
(d) pay the debts of the said deceased which (name of deceased) did
owe at his/her decease;
(e) pay the legacies contained in the said will annexed to the said
letters of administration, as far as the said estates and effects will
thereto extend, and the law charge him;
(f) make or cause to be made a just and true account of his said
administration when he shall be thereunto lawfully required;
(g) deliver the rest and residue of the said real and personal estate
and effects and pay unto such person or persons as shall be by
law entitled thereto,
then this obligation shall be void and of no effect, or else to remain in full
force and virtue.
(signature).............................(Seal)
(signature)...............................(Seal)
Type name of Bondsman
Signed, sealed and delivered by the within named (state name of bondsmen) in
the presence of :
REGISTRAR/NOTARY PUBLIC
FORM 7
In the Estate of (state full name), late of (state full address), deceased.
BE IT KNOWN, that —
1. (State full name) late of (state full address) deceased, who died on
the….......... day of 20 at (state full address) and who at the time of his death had
a fixed place of abode at (address), made and duly executed his last Will and
Testament [and codicils thereto] and did therein name (name of executor)(or did
not therein name any) executor (or as the case may be).
3. The grant is in full force and effect and has not been revoked.
__________________________
JUDGE
FORM 8
OATH OF ADMINISTRATOR
2. That the deceased died (state marital status) leaving (state name of
spouse and issue here) .
5. I/We undertake that in the event that such grant being made to me/us,
I/we shall, (where such information is not obtainable upon the filing of the
petition), within —
(a) six months after the date of the grant of representation, where the
estate of the deceased is situate on New Providence;
(b) nine months after the date of the grant of representation, where
the estate of the deceased or any part thereof is situate on any of
the Family Islands,
cause to be filed a duly completed return in respect of the true value and personal
effects and estate of the deceased in accordance with Form 16.
6. I will well and faithfully administer the real and personal estate and
effects of the deceased, pay his/her just debts and the legacies contained in
his/her will [or will and codicils], and distribute the residue of his/her estate
according to law.
7. I will exhibit a true and perfect inventory of all and singular the said
estate and effects, and render a just and true account of my administration,
whenever required by law so to do.
9. The said deceased at the time of his death had a fixed place of abode at
(state name of place).
10. To the best of my knowledge, information and belief, the whole of the
property of the said deceased to be affected by the grant applied for is comprised
or referred to in the Schedule annexed to this affidavit, and the personal estate
and effects of which the said deceased died possessed are under the value of
(state amount) dollars.
SCHEDULE
…....…...............................................
Print name of Intended Administrator
…....…...............................................
Signature of Intended Administrator
BEFORE ME
REGISTRAR/NOTARY PUBLIC
FORM 9
AFFIDAVIT OF HEIRSHIP
I, (state full name, full address and occupation) make oath and say that —
2. I have known the late (state name of deceased) for (state number of
years).
3. The said (name of deceased) died on the (specify the date of death of the
deceased)
BEFORE ME
FORM 10
In the Estate of (state full name) l ate of (state full address), deceased.
BE IT KNOWN, that We —
(a) (state full name, full address and occupation of each administrator);
(b) (state full name, full address and occupation of each bondsman),
are jointly and severally bound unto the Supreme Court in the sum of (state full
amount in words and numbers) to be paid to the said Supreme Court, for which
payment well and truly to be made we bind ourselves, our heirs, executors and
administrators.
The CONDITION of this obligation is such, that if (state full name) (state the capacity in which the
applicant is applying for e.g. the intended administrator(trix)) of all the real and personal estate and
effects of the said deceased do, when lawfully called upon in that behalf —
(a) to collect and get in the estate of the deceased;
(b) to make or cause to be made a true and perfect inventory of all the said estate and effects
of (state full name of deceased), which have or shall come to his hands, possession or
knowledge or into the hands and possession of any other person for him/her;
(c) to cause the inventory so made to be exhibited into the Registry whenever required by
law so to do;
(d) to well and truly administer according to the law the real and personal estate and effects
of the deceased at the time of his death which at any time after shall come into the hands
or possession of the said (full name of administrator) or into the hands or possession of
any other person or persons for (state full name of administrator);
(e) to pay the debts of the said deceased which (state full name of deceased) did owe at his
decease;
(f) to make or cause to be made a just and true account of his said administration when he
shall be thereunto lawfully required;
(g) to deliver and pay the rest and residue of the said real and personal estate and effects unto
such person or persons as shall be by law entitled thereto,
and if it shall hereafter appear that any last will and testament was made by the said deceased and
the executor or executors, or other persons therein named, do exhibit the same into the said court,
making request to have it allowed and approved accordingly, if the said (state full name of intended
administrator) being thereunto required do render and deliver the said Letters of Administration
(approbation of such testament being first had and made) in the said court, then this obligation
shall be void and of no effect, or else to remain in full force and virtue.
….......................................................(Signature)(Seal)
(Type Name of Bondsman)
…........................................................(Signature)(Seal)
(Type Name of Bondsman)
….........................................................(Signature)(Seal)
(Type Name of Bondsman)
REGISTRAR/NOTARY PUBLIC
FORM 11
In the Estate of (state full name), late of (state full address), deceased.
…..............................................................................................................................
..........
NB: A copy of this notice shall be returned to the Registrar by the Family Island
Administrator within seven days of the last day of publication pursuant to rule
10(6)).
FORM 12
In the Estate of (state full name), late of (state full address), deceased.
BE IT KNOWN that —
2. The grant is in full force and effect and has not been revoked.
….................................
JUDGE
FORM 13
RENUNCIATION OF PROBATE
In the Estate of (state full name) late of (state full address), deceased.
1. (State full name) of (state full address) deceased, died on the day of 20
having made and duly executed his last will and testament, bearing date the day
of 20 and thereof appointed the undersigned (state full name) (sole executor,
beneficiary or residuary legatee and devisee {in trust}] (or recite the facts as the
case may be):
….….....................................................
Signed by the said (name of person entitled to apply) as a deed this day of 20 in
the presence of :
….......…...................................................
(Witness’ name, address and occupation)
FORM 14
RENUNCIATION OF ADMINISTRATION
In the Estate of (state full name) l ate of (state full address), deceased.
1. (State full name of deceased) of (state full address) deceased, died on the
day of 20 intestate, a widow, leaving (state full name), her (state relationship)
and the only person entitled to her estate (or a person entitled)(or recite facts as
the case may be):
2. Now I, the said (state full name of person entitled to apply) of (state full
address) do hereby renounce all right and title to letters of administration of the
estate of the said deceased.
3. I the said (state full name of person entitled to apply) as aforesaid hereby
consent to a grant of letters of administration in the estate of the said (state full
name of deceased) deceased, being granted by the Supreme Court to my said
(state relationship to the applicant) of (state full address).
….….....................................................
Signed by the said (name of personal entitled to apply) as a deed this day of 20 in
the presence of
.....…......................................................
(Witness’ name, address and occupation)
FORM 15
In the Estate of (state full name) late of (state full address), deceased.
I, (state full name), of (state full address) make oath and say that —
1. I am the sole executor named in the last will and testament of (state full
name) o f (state full address) deceased, [or recite the facts as the case may be] the
said will bearing date the day of 20 being now produced to me and marked ‘A’.
2. Having viewed and perused the said will and particularly observed [here
recite the various obliteration, interlineations, erasures, and alteration (if any), or
describe the plight and condition of the will, or any other matters requiring to be
accounted for, and set forth the finding of the will in its present state, and if
possible, trace the will from the possession of the deceased in his lifetime up to
the time of making the affidavit] the same is now in all respects in the same state,
plight and condition as when found [or recite facts as the case may be] by me as
aforesaid.
BEFORE ME
FORM 16
In the Estate of (state full name) late of (state full address), deceased.
RETURN of the value of the personal estate and effects of (state full
name) late of (state full address), deceased.
$
Net sales of a portion of the
personal estate or effects of the
deceased, sold at auction on the
day of 20 as per
account sales annexed ____________
REGISTRAR/NOTARY PUBLIC
FORM 17
WARRANT OF APPRAISEMENT
In the Estate of (state full name) late of (state full address), deceased.
JUDGE
To: (state full names)
MEMORANDUM
_______________________
Name of Bailiff
In the presence of
REGISTRAR
FORM 18
STANDING SEARCH
In the Estate of (state full name) l ate of (state full address), deceased.
I/We apply for the entry of a standing search so that there shall be sent to
me/us an office copy of every grant of representation made in respect of the
following deceased —
Full address:
which either has issued not more than 12 months before the entry of this
application or issues within a period of 6 months after the entry of this
application.
Signature:
FORM 19
CAVEAT
In the Estate of (state full name) late of (state full address), deceased.
.........................................
(Caveator or his Attorney)
WARNING TO CAVEATOR
To (state full name) of (state full address) a party who has entered a caveat in the
estate of (state full name), deceased.
1. You have eight days (starting with the day on which this warning was
served on you) —
2. If you fail to do either of these, the court may proceed to issue a grant of
probate or administration in the said estate notwithstanding your caveat.
Issued at the instance of (state full name) and dated the day of 20 or as the case
maybe, setting out the name and interest of the person warning and the date of
any will, with specified codicils, if any, under which the interest arises] whose
address for service is (state full address), [Attorney for C.D. or in person]
…......................................
Signature
FORM 21
In the Estate of (state full name) late of (state full address), deceased.
2. No summons for directions under rule 26(2) of the Probate Rules has
been received by me.
Deponent’s signature
BEFORE ME,
1. (State full name and address of deceased) of person warning [or citor]
(Here set out the interest of the person warning or citor as shown in the warning
or citation).
Enter an appearance for the above-named caveator [or person cited] in this
matter.
…..........................................
(Signature)
In the Estate of (state full name) late of (state full address), deceased.
Let (state full name), the person warning, or his attorney-at-law, attend
before (state full name of Judge or Registrar of the Supreme Court as the case
may be) (specify the location of court) on the day of 20 at o’clock on the hearing
of an application on the part of, the caveator, for directions of the Judge or the
Registrar under rule 26(2) of the Rules.
REGISTRAR
FORM 24
1. TAKE Notice that (state full name) has stated in an affidavit, sworn on
the day of 20 , that (state full name) of (address) died on the day of 20 domiciled
in the Commonwealth of The Bahamas, [continue to recite according to the
circumstances of the case, e.g.): having made and duly executed his last will and
testament dated the day of 20 now remaining in the Registry, and therein named
you the said (state full name) sole executor [and residuary legatee and devisee in
trust]]
2. [AND WHEREAS it appears from the said affidavit that (state full name)
is one of the residuary legatees and devisees named in the will]
NOW THIS IS TO COMMAND YOU, (state full name), that within 8 days after
service hereof on you, inclusive of the day of such service, you do cause an
appearance to be entered in the Registry at (state full address), and accept or
refuse probate of the said will, or show cause why letters of administration, with
the said will annexed, of all the estate which by law devolves to and vests in the
personal representative of the deceased, should not be granted to the said (state
full name).
3. AND FURTHER TAKE NOTICE that, in default of your so appearing and
accepting and extracting probate of the will, the Court will proceed to grant
letters of administration, with the will annexed, of the estate to the said (state full
name), your absence notwithstanding.
(Signature)
REGISTRAR
This citation was served by (state full name) on the within named (state full
name) at (state full address), on the day of 20
(Signature)
FORM 25
In the Estate of (state full name) late of (state full address), deceased.
REGISTRAR
FORM 26
In the Estate of (state full name) late of (state full address), deceased.
I hereby certify that the amount payable for fees to the Treasury in
respect of the personal estate of (state full name of deceased) late of (state full
address), deceased, is the sum of (state amount in words and numbers).
REGISTRAR
COMMONWEALTH OF THE BAHAMAS
New Providence
AFFIDAVIT OF SEARCH
1. I [am the applicant] am employed with the firm of [name of the firm] and
I am duly authorized by them to conduct a search of the Supreme Court, Probate
Registry with respect to the Estate of [name of deceased].
2. That on [day] the [date] of [month] A.D. [year] I searched the Cause List
at the Probate Registry of the Supreme Court to ascertain whether a prior grant of
representation had been issued with respect to the said Estate of [name]. My
search revealed that no prior grant of representation has been issued up to the
date of this Affidavit.
BEFORE ME,
REGISTRAR/NOTARY PUBLIC