Probate Process in Belize Jurisdiction

In Belize, when a person passes on, they are known to have died either Testate or Intestate. Testate means that they died leaving a Will. Intestate means that they died without leaving a Will. Therefore, there are two separate types of procedures to follow, although they are similar.

We assist family members in applying for the necessary Grants of Probate or Letters of Administration where a party has died with or without a will respectively.  

Testate Procedure – Grant of Probate/Grant of Administration with Will Annexed 

Where the deceased leaves a Will, it must be a valid Will. For the Will to be valid in this jurisdiction, the Will should be signed by the Testator (the person who leaves the Will) and two witnesses.  A beneficiary (any person who stands to gain from the estate) cannot be a witness to the Will. The Will shall also state the person who is going to execute the wishes of the deceased. He/she is known as the Executor (male) Executrix (female). Note: Where the Executor/Executrix is not a resident of Belize, the executor appoints a person/attorney resident in Belize via a Power of Attorney to apply for the grant of probate on their behalf.  The roles of the Executor/Executrix range from paying debts, paying the funeral expenses and paying taxes. This is the same for the Administrator in the case of an intestacy as discussed below. 

The probate process is triggered by the executor and usually occurs shortly after death. This is done by applying for the Grant of Probate/Grant of Administration with Will Annexed.  After the executor apples for the Grant from the Court to execute/administer the estate, a notice is placed in the Government Gazette and two local newspapers for a period of three consecutive publications (usually weekly publications).  The purpose of this is to notify the public that an application has been made for a grant in respect of the particular estate. 

During a 3-month period, the executor intakes all claims and then distributes the estate at the end of the 3-month period, including paying any of the claims made and accepted as valid.

Intestate Procedure – Grant of Administration in the case of Intestacy

A person who administers the estate of the deceased who did not leave a Will is known as the Administrator (male) Administratrix (female). This person will be either the spouse, sibling(s), child/children or a family member, depending on the situation. Note: If the Administrator/Administratix is not a resident of Belize, he/she will need to be granted Power of Attorney.  He/she will apply to the Court to get the Grant of Administration in case of Intestacy, to administer the estate. 

Once the application is made, notice is then given in the Government Gazette in three consecutive issues. This is to notify anyone who may have an interest in the estate that an application to administer the estate has been made and now is the time for any such person to say if they do have an interest. After the final publication of the notice is made in the Gazette, and there is no one coming forward that they have an interest in the estate, the Grant of Administration is given to the Administrator/Administratix.  During a publication period of 3 months, creditors are notified in the Gazette and a local newspaper that a Grant has been issue to the Administer the estate.

Once the notice has passed and no claim is brought forward, the Administrator/Administratrix can proceed to administer the estate. The application of the rules that deal with distribution of the assets of the estate in the case of intestacy is determined by a case-by-case basis.

The guiding law is as follows:

54.–(1) The residuary estate of an intestate shall be distributed in the manner mentioned in this section, namely,

(a)  if the intestate leaves a wife or husband, with or without issue, the surviving wife or husband shall take the personal chattels absolutely, and the residuary estate of the intestate, other than the personal chattels, shall stand charged with the payment of a net sum of six hundred dollars free of costs to the surviving wife or husband;

(b)  if the intestate leaves no issue, the surviving wife or husband shall, in addition to the interests taken under paragraph (a) of this subsection, take one-half of the residuary estate absolutely;

(c)  if the intestate leaves issue, the surviving wife or husband shall, in addition to the interests taken under paragraph (a) of this subsection, take one-third only of the residuary estate absolutely, and the issue shall take the remaining two-thirds of the residuary estate absolutely;

(d)  if the intestate leaves issue, but no wife or husband, the issue of the intestate shall take the whole residuary estate of the intestate absolutely;

(e)  if the intestate leaves no issue but both parents, then, subject to the interests of a surviving wife or husband, the father and mother of the intestate shall take the residuary estate of the intestate absolutely in equal shares;

(f)  if the intestate leaves no issue, but one parent only then, subject to the interests of a surviving wife or husband, the surviving father or mother shall take the residuary estate of the intestate absolutely;

Estate Taxes in Belize

While there is no estate tax or estate duty in Belize, there is stamp duty on the transfer of title to real Property—and to personal Property in the form of shares in a local company—to beneficiaries who are not citizens of Belize. (Belizeans are exempt.) Stamp duty is 8% of the market value of the Property.  

Note that the beneficiaries would not pay the 8% stamp duty if they are selling the Property as the Executor or Administrator can transfer the title directly to a Purchaser. It would be the Purchaser who pays the stamp duty.

If a trust is involved at the time of the taking title to Property, and the beneficiaries intend to keep the Property rather than sell, a trust can avoid the stamp duty. This is dependent on the process, so we encourage you to seek legal advice for more information regarding this matter. 

Revocation of a Will in Belize

A will may be revoked:

• By the execution of a later will
• By divorce
• By an informal declaration
• By subsequent marriage

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