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COMMITTEE ON RULES AND JUDICIARY BILL NO. 35-0330 Thirty-Fifth Legislature of the Virgin Islands September 18, 2024 An Act amending Title 4 of the Virgin Islands Code by establishing a Probate Division in the Superior Court of the Virgin Islands PROPOSED BY: Senators Marvin A. Blyden and Angel L. Bolques, Jr. Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 4 Virgin Islands Code, chapter 5 is amended as follows: 2 (a) Section 71, subsection (a) is amended by: 3 (1) striking “six (6)” and inserting “eight”; 4 (2) striking “and” after St. John and inserting a comma; and 5 (3) inserting “and two of whom must be judges of the Probate Division as 6 provided in section 181(a)” at the end of the sentence after “title”. 7 (b) Section 79, subsection (a) is amended in the first sentence by inserting “probate,” 8 after “family,”. 9 SECTION 2. Title 4 Virgin Islands Code, chapter 8, section 123, subsection (a), 10 paragraph (4) is amended by inserting “and” before “small claims cases” and striking “and 11 probate matters”. 12 2 SECTION 3. Title 4 Virgin Islands Code is amended by adding chapter 12 to read as 1 follows: 2 “Chapter 12. Probate Division of the Superior Court 3 § 180. Probate Division 4 There is established in the Superior Court of the Virgin Islands a Probate Division. 5 § 181. Appointment of judges in the Probate Division 6 (a) The Governor shall appoint pursuant, to section 72 of this title, two Superior Court 7 judges to the Probate Division of the Superior Court, one in the division of St. Croix and one 8 in the division of St. Thomas-St. John. 9 (b) The Presiding Judge shall assign a judge to serve in the Probate Division whenever 10 a vacancy is created pending the appointment of a judge or during the temporary absence of a 11 judge. 12 § 182. Jurisdiction of the Probate Division 13 The Probate Division shall have original jurisdiction over the probating of wills and the 14 administration and final adjudication of decedents’ estates. 15 § 183. Facilities and support personnel 16 The Superior Court shall provide for the Probate Division hearing rooms that are 17 adequate, appropriate, and safely maintained. The Superior Court shall place as a high priority 18 securing courtrooms and support personnel for the Probate Division which are separate and 19 apart from the other courtrooms and support personnel of the Superior Court.” 20 SECTION 4. (a) There is appropriated in the fiscal year ending September 30, 2024, the 21 sum of $650,000 from the General Fund of the Government of the Virgin Islands to the Judicial 22 Branch of the Virgin Islands to establish the Probate Division in section 3 of this bill. 23 3 (b) The funds appropriated in subsection (a) remain available until expended. 1 BILL SUMMARY 2 This bill amends Title 4 of the Virgin Islands Code by creating a Probate Division in the 3 Superior Court; removing probate matters from the jurisdiction of the Magistrate Division and 4 giving original jurisdiction to the Probate Division over the probating of wills and the 5 administration and final adjudication of decedents’ estates; requiring the Governor to nominate 6 two Superior Court judges to the Probate Division, one in the division of St. Croix and the one 7 in the division of St. Thomas-St. John; and making an appropriation of $650,000 to the Judicial 8 Branch of the Virgin Islands to establish the Probate Division. 9 BR23-0138/October 26, 2023/GC 10