In re: Petitions for Appointment of Personal Repre, ST-2018-MC-041 (V.I. 2018) [unpublished]
SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS/ST. JOHN & ST. CROIX IN RE: ) MISCELLANEOUS NO.ST-18-MC-41 ) PETITIONS FOR APPOINTMENT OF ) PERSONAL REPRESENTATIVES, ) ORDER IT IS ORDERED that effective July 27, 2015 the Clerk’s Office SHALL NO LONGER ACCEPT requests for appointment of a personal representative by petition. The practice of filing and accepting such petitions as miscellaneous probate matters designated by case type “MP” is hereby DISCONTINUED. The Virgin Islands Code allows a personal representative to substitute himself in a civil action in place of a plaintiff or a defendant who died while the lawsuit was pending. See 5 V.LC. § 78. Similarly, a personal representative can file a lawsuit, or be sued, on behalf of someone who died before the lawsuit was filed. See id. § 37(a)-(b); accord 15 V.I.C. § 601. But in each instance an estate should be opened because any monies recovered (whether through settlement or judgment) form part of the decedent’s estate. See, e.g., 5 V.ILC. § §§ 76(e)(6), 77. …
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SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS/ST. JOHN & ST. CROIX IN RE: ) MISCELLANEOUS NO.ST-18-MC-41 ) PETITIONS FOR APPOINTMENT OF ) PERSONAL REPRESENTATIVES, ) ORDER IT IS ORDERED that effective July 27, 2015 the Clerk’s Office SHALL NO LONGER ACCEPT requests for appointment of a personal representative by petition. The practice of filing and accepting such petitions as miscellaneous probate matters designated by case type “MP” is hereby DISCONTINUED. The Virgin Islands Code allows a personal representative to substitute himself in a civil action in place of a plaintiff or a defendant who died while the lawsuit was pending. See 5 V.LC. § 78. Similarly, a personal representative can file a lawsuit, or be sued, on behalf of someone who died before the lawsuit was filed. See id. § 37(a)-(b); accord 15 V.I.C. § 601. But in each instance an estate should be opened because any monies recovered (whether through settlement or judgment) form part of the decedent’s estate. See, e.g., 5 V.ILC. § §§ 76(e)(6), 77. Similarly, any monies owed by a decedent would have to be paid out of that person’s estate. See id. § 37(b). Accordingly, the Clerk’s Office is ORDERED not to accept any petition for appointment of a personal representative unless such request is submitted in conjunction with a petition for probate or a petition for administration. It is further ORDERED that a copy of this order shall be directed to the Clerk of the Court, the Executive Director of the Virgin Islands Bar Association, and the IT Division for uploading to the Superior Court’s website. ?JENC AO, 018, Nene flo Fost T@ Dated: July _ 27 , 2015. HON. MICHAEL C. DUNSTON JUDGE OF THE SUPERIOR COURT THE VIRGIN ISLANDS