The proverbial ‘ded’ lef is often a bane and thorn in the side of many families in Jamaica. In fact, it’s quite common for one’s relative to be deceased with property with their name on the Certificate of Title of any property he or she may have owned in Jamaica.  
As a result, the issue that commonly arises is the procedure to transfer land to the living relatives.  The land transfer is dependent on the manner in which property was owned ie whether it was owned solely by the deceased or owned jointly with one or more persons who are still alive.
More importantly, there are two ways in which two or more persons can own property jointly in Jamaica; as Joint Tenants or Tenants in Common.

1. Joint Tenants

 Where the Title for the property is held as  joint tenancy, then the surviving co-owner(s) is now automatically the owner of the property. No probate will be necessary to transfer ownership, only an application to note the death of the deceased.
Documents needed:

• Certified copy of the Death

Certificate of deceased

• Revenue affidavit

• Application to note the Death

• Duplicate Certificate of TitleFees and charges:

• Attorney’s fees

• Government fees

2. Tenants In Common 

If the deceased owns the property as Tenants in Common with another individual the position is that their share of the property must be dealt with in accordance with their Will, or if there is no Will, according to the Rules of Intestacy.This means that for the property to be transferred, the Executor (if there is a  Will), or the Administrator (if there is no Will), will need to make an application in the Court for a Grant of Probate or letter of Administration respectively.

Subsequently, the  National Land Agency will then transfer the property into the name of the new owner, where the relevant application is made.

3. Sole OwnershipWhere the property i is owned in the deceased person’s name only, the same procedural rules applied as when owned as tenants in common. In the event there is a  Will, the executor will have the Will probated to transfer to the beneficiary of the will. Where there is no will, a letter of administration would have to be obtained by the Administrator of the estate, who then can distribute the property according to Law

.Documents needed:

• Certified Copy of probate/Letters of Administration

• Duplicate Certificate of Title•

Stamp Commissioner’s Certificate

Application to be registered on transmission Fees and Charges:

• Attorney’s Fees

• Government fees

 Call our experienced estate planning and probate team of experienced   attorneys today  for more details and legal guidance at 876 388 0935 and email:mcfarlaneandassociates@gmail.com for legal advice today. We can’t wait to hear from you.

DISCLAIMER: This article is not intended to be taken wholly for legal advicce. Remember to consult with us today.