A longstanding backlog in the processing of probates, which has frustrated lawyers and families seeking to process their estates, has been “prioritised”, according to the Supreme Court.

The courts are also intent on “revising our processes and procedures to ensure that this does not occur in the future”, a statement from the Acting Registrar for the Courts of Bermuda said.

It comes in the wake of reports a year ago that families were facing significant delays in the processing of the estates of deceased relatives — which legal sources ascribed to a lack of court staff and insufficient resources.

The statement added: “As we work on the procurement of a new electronic court case management system, we are desirous that probate applications will become a form-driven online application which will reduce the opportunities for error and delay.”

A probate user committee was set up by the Bermuda Bar this year after meetings among the judiciary over the issue.

The probate division is now working through outstanding applications up to the period ending December 31, 2022, which should be tackled by this November 30 “at the latest” — with more recent non-urgent applications to be dealt with next.

Urgent applications filed in 2023 or this year, and cleared to be fast-tracked, will be processed within three weeks of being approved.

More staff are to be “onboarded as soon as is practicable” and tasked solely with clearing the backlog alongside the court’s estates team.

The e-mail probate@gov.bm has been dedicated to correspondence regarding estate applications.

The statement commended “the patience and understanding that attorneys and members of the public continue to show regarding the Court’s position”.

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Supreme Court Probate Divison.pdf

• To read the Supreme Court circular in full, see Related Media.