Log In

Reset Password

Three hired to address probate backlog

Possible solution: short-form death certificates could speed up probate processing (File photograph)

Unanswered queries and waits for applicants or lawyers to file amended paperwork were said to be among the prime reasons for delays in processing probate requests.

A circular from the Acting Registrar added that 253 applications from up to nine years ago were “pending” under these circumstances.

It provided an update about work in the probate division, where the Supreme Court said last year that a longstanding backlog in processes was being addressed as a matter of priority.

The circular, published online, said: “We can now report that one of the largest delays in processing applications to completion stems from awaiting a response to queries raised by the courts and/or the filing of amended documents from applicants or attorneys.

“At present, a total of 253 applications [dating back to 2016] are listed as ‘pending’, as we are awaiting a response or the filing of amended documents to proceed.”

It explained that three people were hired by the Judicial Department to help the probate division and to address the wider backlog of applications.

They included Tyasha Smith, a consultant assistant registrar, who joined last September and has worked on reviewing and processing outstanding applications from 2010 to 2022, “with an initial focus on 2022 applications”.

The circular said: “To ensure all outstanding applications are addressed, Ms Smith has personally reviewed [as to status], categorised, logged and then actioned [if necessary] over 900 applications.

“A new filing system has been put in place, and a revised electronic tracking system has been created, which displays every probate application filed to date and its current status.

“There is now a more effective tool in place to track an application’s status, answer queries and assign tasks.”

It added that, thanks to the directives set out in a circular last August, applications filed in 2023 and 2024 were put on hold until December while outstanding applications up to 2022 were handled.

With the earlier requests “actioned”, the team is processing 2023 applications.

Explainer

Probate is the process of proving a will and codicil of a deceased person and registering that with the Supreme Court registry.

After someone passes away, the estate representative must make an application to the Supreme Court for a Grant of Probate, if there is a will, or a Grant of Letters of Administration, where there is no will.

The Grant of Probate, Grant of Letters of Administration or the Certificate in Lieu of Grant, sealed by the Registrar of the Supreme Court, is proof that the grant holder is entitled to administer the estate of the deceased.

Information from the Government of Bermuda website

The circular said: “A total of 199 applications were filed in 2023. Forty-nine of those applications have been completed with grants being issued.

“There are a total of 56 applications that have been reviewed and are awaiting receipt of further information or the filing of amended documents to proceed.

“It is anticipated that the remaining 2023 applications requiring a review will have been actioned by the end of April 2025.

“The department will then begin processing all outstanding 2024 applications.

“A total of 193 applications were filed in 2024. Twenty-eight of those applications have been completed with grants being issued.

“There are a total of 12 applications that have been reviewed and are awaiting receipt of further information or the filing of amended documents to proceed.”

It added that progress will be monitored and more resources would be employed if necessary.

The circular said: “Applications of an urgent nature that have been approved for expediting will continue to be processed within three weeks of approval being granted.

“Please be reminded that it is the Acting Registrar and/or the Assistant Registrar who determines whether the application should be expedited, and the request made for consideration must provide as much information as possible.

“As we are committed to eliminating the backlog by addressing applications in date order, requests to expedite an application will be carefully considered.”

For queries about probate applications, e-mail probate@gov.bm

Royal Gazette has implemented platform upgrades, requiring users to utilize their Royal Gazette Account Login to comment on Disqus for enhanced security. To create an account, click here.

You must be Registered or to post comment or to vote.

Published February 24, 2025 at 4:58 pm (Updated February 24, 2025 at 9:37 pm)

Three hired to address probate backlog

Users agree to adhere to our Online User Conduct for commenting and user who violate the Terms of Service will be banned.