USVI Public Records

When used in a statute, in a will or in any other written instrument prescribing the devolution of property rights and unless the statute, the will or the instrument expressly or impliedly declares otherwise, the terms "heirs", or "heirs at law", "next of kin" and "distributees" and any terms of like import shall be construed to mean the distributees, including a surviving spouse, who are defined in section 84 of the title.

All persons, except idiots, persons of unsound mind and persons under eighteen years of age, may devise their real property, by last will and testament, duly executed, according to the provisions of this chapter. History: Amended Nov. 29, 1972, No. 3334, Sess. L. 1972, p. 607.

Every estate and interest in real property descendible to heirs, may be devised as provided in this chapter.

A devise of real property may be made to every person capable by law of holding real estate; but no devise to a corporation shall be valid, unless such corporation is expressly authorized by its charter, or by statute, to take by devise.

Real Property In Absence of Valid Power In Will (a) Notwithstanding the absence of a valid power therein, every will of a person dying after the effective date of this Code, shall be construed to give to the executor or trustee, who has duly qualified, the power to take possession, collect the rents, and manage, and to sell, mortgage and lease, all of the real property, and any interest in any real property, owned by the decedent at the time of his death, and such power may be exercised by the executor or executors, or by any administrator with the will annexed, or by a successor or substituted trustee, subject to the limitations stated in subsection (b) of this section. (b) The power to take possession, collect rent, and manage, and to sell, mortgage or lease, referred to in subsection (a) of this section, shall not be exercised, however, (1) where the will expressly prohibits the exercise thereof; (2) or as to such real property as the will expressly provides shall not be sold, mortgaged or leased; (3) and shall not be deemed to include such real property as has been specifically devised to any one person not under disability at the time the sale, mortgage or lease takes effect, or to any one corporation capable of taking the same; (4) except that the power to take possession, collect the rents, and manage, and to sell, mortgage or lease, may be exercised, in the case of property devised and within clauses (1), (2), and (3) of this subsection, where such power is necessary for the payment of administration expenses, funeral expenses, debts or transfer or estate tax, upon approval by the district court. (c) This additional grant of power to sell, mortgage and lease shall not be deemed to affect any existing authorization or judicial proceeding or action for the sale, mortgage or lease of real estate pursuant to the provisions of Title 28.

Every will that shall be made by a testator devising, in express terms, all his real property, or in any other terms denoting his intent to devise all his real property, shall be construed to pass all the real estate, which he was entitled to devise, at the time of his death.

Every person of the age of eighteen years or upwards, of sound mind and memory, and no others, may give and bequeath his personal estate, by will in writing.

No nuncupative or unwritten or holographic will, bequeathing or devising personal or real estate, shall be valid, unless made by a soldier or sailor while in actual military or naval service, or by a mariner while at sea and when made in the following manner- (1) a nuncupative oral will made within the hearing of two persons and the execution and the tenor thereof proved by at least two witnesses; or (2) a holographic will when written entirely in the handwriting of the maker even though the same be unattested. Any such disposition of property by a soldier or sailor shall become invalid and unenforceable upon the expiration of one year following his discharge from military or naval service provided he possesses testamentary capacity at the time of such expiration. If, however, he shall lack testamentary capacity at the expiration of one year from the date of such discharge, it shall continue to be valid and enforceable until the expiration of one year from the time he shall have regained testamentary capacity.

Purposes No person having a husband, wife, child, or descendant or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association, corporation or purpose, in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one- half, and no more. The validity of a devise or bequest for more than such one-half may be contested only by a surviving husband, wife, child, descendant or parent. When payment of a devise or bequest to such society, association, corporation or purpose is postponed, in computing its one-half part, no allowance may be made for such postponement or for any interest or gains or losses which may accrue after the testator's death. The value of an annuity or life estate, legal or equitable, shall not be computed upon the actual duration of the life, but shall be computed upon the actuarial value according to the American Experience Table of Mortality at the rate of four per centum per annum. Such value shall be deducted from the fund or property, which is subject to the annuity or life estate, in order to ascertain the value of a future estate or remainder interest passing to such society, association, corporation or purpose.

(a) Where a testator dies after the effective date of this Code, and leaves surviving a husband or wife, a personal right of election is given to the surviving spouse to take his or her share of the estate as in intestacy, subject to the limitations, conditions and exceptions contained in this section. (1) In exercising the right of election herein granted a surviving spouse shall in no event be entitled to take more than one-half of the net estate of the decedent, after the deduction of debts, funeral and administration expenses and any estate tax, and the words "intestate share" wherever used in this section shall not be construed to mean more than one-half of such net estate. (2) Where the intestate share is over $2,500 and where the testator has devised or bequeathed in trust an amount equal to or greater than the intestate share, with income thereof payable to the surviving spouse for life, the surviving spouse shall have the limited right to elect to take the sum of $2,500 absolutely which shall be deducted from the principal of such trust fund and the terms of the will shall otherwise remain effective. (3) Where the intestate share of the surviving spouse in the estate does not exceed $2,500, the surviving spouse shall have such right to elect to take his or her estate share absolutely, which shall be in lieu of any provision for his or her benefit in the will. (4) Where the will contains an absolute legacy or devise, whether general or specific, to the surviving spouse, of or in excess of the sum of $2,500 and also a provision for a trust for his or her benefit for life of a principal equal to or more than the excess between said legacy or devise and his or her intestate share, no right of election whatever shall exist in the surviving spouse. (5) Where the will contains an absolute legacy or devise, whether general or specific, to the surviving spouse in an amount less than the sum of $2,500 and also a provision for a trust for his or her benefit for life of a principal equal to or more than the excess between such legacy or devise and his or her intestate share, the surviving spouse shall have the limited right to elect to take not more than the sum of $2,500 inclusive of the amount of such legacy or devise, and the difference between such legacy or devise and the sum of $2,500 shall be deducted from the principal of such trust fund and the terms of the will shall otherwise remain effective. (6) Where the aggregate of the provisions under the will for the benefit of the surviving spouse including the principal of a trust, or legacy or devise, or any other form of testamentary provision, is less than the intestate share, the surviving spouse shall have the limited right to elect to take the difference between such aggregate and the amount of the intestate share, and the terms of the will shall otherwise remain effective. In every estate the surviving spouse shall have the limited right to withdraw the sum of $2,500 if the intestate share is equal to or greater than that amount. Such sum shall, however, be inclusive of any absolute legacy or devise, whether general or specific. Where a trust fund is created for his or her benefit for life, such sum of $2,500 or any necessary part thereof to make up that sum shall be payable from the principal of such trust fund. (7) The provisions of this section with regard to the creation of a trust, with income payable for life to the surviving spouse, shall likewise apply to a legal life estate or to an annuity for life or any other form of income for life created by the will for the benefit of the surviving spouse. In the computation of the value of the provisions under the will, the capital value of the fund or other property producing the income shall be taken and not the value of the life estate. (8) The purported grant of authority in a will to an executor, administrator with the will annexed, or trustee, or the successor of any of them to- (A) act without bond; or (B) name his successor to act without bond; or (C) sell assets of the estate upon terms fixed by him; or (D) invest the funds of the estate in other than legal investments; or (E) retain in the assets of the estate investments or property owned by a testator in his lifetime; or (F) make distribution in kind; or (G) make a binding and conclusive fixation of values of assets in the distribution thereof; or (H) allocate assets either outright or in trust for the life of a surviving spouse; or (I) conduct the affairs of the estate with partial or total exoneration from the legal responsibility of a fiduciary- shall not be deemed either singly or in the aggregate to give to a surviving spouse an absolute right of election to take his or her intestate share; but the court, notwithstanding the terms of the will, may, in an appropriate proceeding by the surviving spouse or upon an accounting, direct and enforce for the protection of the surviving spouse an equitable distribution, allocation or valuation of the assets, and enforce the lawful liability of a fiduciary, and may also make such other direction consistent with the provisions and purposes of this section as the court deems necessary for the protection of the surviving spouse. (b) Where any such election shall have been made, the will shall be valid as to the residue remaining after the elective share provided in this section has been deducted and the terms of the will shall as far as possible remain effective. (c) The right of election shall not be available to a spouse against whom or in whose favor a final decree or judgment of divorce recognized as valid by the law of the Virgin Islands has been rendered, or against whom a final decree or judgment of separation recognized as valid by the laws of the Virgin Islands has been rendered. Nor shall such right of election be available to a spouse who has procured without the Virgin Islands a final decree or judgment dissolving the marriage with the testator where such a decree or judgment is not recognized as valid by the law of the Virgin Islands. (d) No husband who has neglected or refused to provide for his wife, or has abandoned her, shall have the right of such an election. (e) No wife who has abandoned her husband shall have the right of such election. (f) The election as herein provided may be made by the general guardian of an infant, when authorized so to do by the court, or may be made in behalf of an incompetent when authorized by the court. (g) An election made under this section shall be made within six months from the date of the issuance of letters testamentary or, if letters testamentary have not been issued, from the date of the issuance of letters of administration with the will annexed, and shall be made by serving written notice of such election upon the representative of the estate personally or in such other manner as the court directs and by filing and recording a copy of such notice with proof of service in the court where such will was probated. The time to make such election may be enlarged before its expiration by an order of the court, for a further period of not exceeding six months upon any one application. If a spouse shall default in filing such election within six months after the date of issuance of such letters, the court may relieve the spouse from such default and authorize the making of such election within a period to be fixed by order, provided no decree settling the account of the fiduciary has been made and provided further that twelve months have not elapsed since the issuance of letters. Such an application for enlargement of time to elect or for relief from default in electing shall be made upon a petition showing reasonable cause and on notice given to such persons and in such manner as the court directs. A certified copy of any such order shall be indexed and recorded in the office of the recorder of deeds in the judicial division wherein any real property of the decedent is situated. The limitations in this section regulating the time within which an election shall be made are exclusive. No provision of law suspending or affecting the operation of rules of limitation shall be applicable to the time of making an election but the court may, in its discretion, permit an election to be made in behalf of an infant or incompetent spouse at any time up to but not later than the entry of the decree on the first judicial account of the permanent representative of the estate made more than seven months after the issuance of letters. (h) Any question arising as to the right of election shall be determined by the court in a proceeding brought for that purpose after the service of citation upon the persons interested, or in a proceeding for the judicial settlement of the accounts of the representative of the estate. (i) The husband or wife, during the lifetime of the other, may waive or release the right of election to take as against a particular last will, or as against any last will of the other spouse. A waiver or release of all rights in the estate of the other spouse shall be deemed to be a waiver or release of the right of election as against any last will. A waiver or release to be effective under this subsection shall be subscribed by the maker thereof and either acknowledged or proved in the manner required for the recording of a conveyance of real property. A waiver or release of the right of election granted in this section shall be effective, in accordance with its terms, whether- (1) executed before or after the marriage of the spouses affected; or (2) executed before, on, or after the effective date of this Code; or (3) unilateral in form, executed only by the maker thereof, or bilateral in form, executed by both of the spouses affected; or (4) executed with or without consideration; or (5) absolute or conditional.

Incompetents Or Persons Unknown Or Not In Being Are Or May Be Affected (a) The court may authorize executors, administrators and trustees to adjust by compromise any controversy that may arise between different claimants to the estate or property in their hands to which agreement such executors, administrators or trustees and all other parties in being who claim an interest in such estate and whose interests are affected by the proposed compromise shall be parties in person or by guardian as hereinafter provided. (b) The court may likewise authorize the person or persons named as executors in one or more instruments purporting to be the last will and testament of a person deceased, or the petitioners for administration with such wills or wills annexed, to adjust by compromise any controversy that may arise between the persons claiming as devisees or legatees under such will or wills and the persons entitled to or claiming the estate of the deceased under the provisions of chapter 3 of this title, to which agreement or compromise the persons named as executors or the petitioners for administration with the will annexed, as the case may be, those claiming as devisees or legatees and those claiming the estate as intestate, shall be parties, provided that persons named as executors in any instrument who have renounced or shall renounce such executorship and any person whose interest in the estate is unaffected by the proposed compromise shall not be required to be parties to such compromise. (c) Where an infant, lunatic, person of unsound mind or habitual drunkard is a necessary party to a compromise under this section he shall be represented in the proceedings by a special guardian appointed by the court, who shall in the name and on behalf of the party he represents make all proper instruments necessary to carry into effect any compromise that is sanctioned by the court. (d) If it appears to the satisfaction of the court that the interests of persons unknown or the future contingent interest of persons not in being are or may be affected by the compromise, the court shall appoint some suitable person or persons to represent such interest in the compromise and to make all proper instruments necessary to carry into effect any compromise that is sanctioned by the court. If, by the terms of any compromise made pursuant to this section, money or property is directed to be set apart or held for the benefit of or to represent the interest of infants, incompetents or persons unknown or unborn, the same may in a proper case be paid or deposited in court and remain subject to the order of the court. (e) An agreement of compromise made in writing pursuant to this section, if found by the court to be just and reasonable in its effects upon the interests in said estate or property of infants, lunatics, persons of unsound mind, unknown persons or the future contingent interests of persons not in being, shall be valid and binding upon such interests as well as upon the interests of adult persons of sound mind. (f) An application for the approval of a compromise pursuant to this section must be made by petition duly verified, which shall set forth the provisions of any instruments or documents by virtue of which any claim is made to the property or estate in controversy and any and all facts relating to the claims of the various parties to the controversy and the possible contingent interests of persons not in being and all facts which made it proper or necessary that the proposed compromise be approved by the court. The court in its discretion may entertain such application prior to the execution of the proposed compromise by all the parties required to execute it and may permit the execution by the necessary parties to be completed after the inception of the proceeding for approval thereof if the proposed compromise has been approved by the estate representatives described in subsections (a) and (b) of this section. The court shall inquire into the circumstances and make such order or decree as justice requires. The order or decree may also be made in any pending proceeding.

Specifically Bequeathed Where personal property subject to any lien, mortgage or pledge is specifically bequeathed by will, the legatee must satisfy the lien, mortgage or pledge out of his own property without resorting to the executors of his testator unless there is in the will of such testator a direction, expressly or by necessary implication, that such mortgage, lien or pledge be otherwise paid. Where such personal property specifically bequeathed has been made subject to any lien, mortgage or pledge with other personal property, the specifically bequeathed property shall bear its proportionate share of the total lien, mortgage or pledge.

Every last will and testament of real or personal property, or both, shall be executed and attested in the following manner: (1) It shall be subscribed by the testator at the end of the will. (2) Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses. (3) The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed, to be his last will and testament. (4) There shall be at least two attesting witnesses, each of whom shall sign his name as a witness, at the end of the will, at the request of the testator.

The witnesses to any will shall write opposite to their names their respective places of residence; and every person who shall sign the testator's name to any will by his direction shall write his own name as a witness to the will. Omission to comply with either of these provisions shall not affect the validity of any will; nor shall any person be excused or incapacitated on account of such an omission from testifying respecting the execution of such will.

A will executed without the Virgin Islands in the mode prescribed by the law, either of the place where executed or of the testator's domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of the Virgin Islands, provided such will is in writing and subscribed by the testator.

A will of real or personal property, executed as prescribed by the laws of the Virgin Islands, or a will of real or personal property executed without the Virgin Islands in the mode prescribed by the law, either of the place where executed or of the testator's domicile, provided such will is in writing and subscribed by the testator, may be admitted to probate in the Virgin Islands.

The right to have a will admitted to probate, the validity of the execution thereof, or the validity or construction of any provision contained therein, is not affected by a change of the testator's residence made since the execution of the will.

(a) Whenever a testator shall have a child born after the making of a last will, either in the lifetime or after the death of such testator, and shall die leaving such child, so afterborn, unprovided for by any settlement, and neither provided for, nor in any way mentioned in such will, every such child shall succeed to the same portion of such parent's real and personal estate, as would have descended or been distributed to such child, if such parent had died intestate, and shall be entitled to recover the same portion from the devisees and legatees, in proportion to and out of the parts devised and bequeathed to them by such will. (b) The word "child" as used in subsection (a) of this section shall be construed to include an illegitimate child, provided that in cases where such testator is the father, he admitted of record paternity of such child by signing the official birth certificate or paternity has been established by DNA testing; or he was adjudged the father of such child by a court of competent jurisdiction; or by written acknowledgment he recognized such child as his. History: Amended Jan. 21, 2016, No. 7808, § 1, Sess. L. 2015, p. 210.

If any person shall be a subscribing witness to the execution of any will, wherein any beneficial devise, legacy, interest or appointment of any real or personal estate shall be made to such witness, and such will cannot be proved without the testimony of such witness, the said devise, legacy, interest or appointment shall be void, so far only as concerns such witness, or any claiming under him; and such person shall be a competent witness, and compellable to testify respecting the execution of such will, in like manner as if no such devise or bequest has been made. Except as hereinafter provided in this section, no subscribing witness to a will shall be entitled to receive any beneficial devise, legacy, interest or appointment of any real or personal estate thereunder unless there are two other subscribing witnesses to the will who are not beneficiaries thereunder. But if such witness would have been entitled to any share of the testator's estate, in case the will was not established, then so much of the share that would have descended, or have been distributed to such witness, shall be saved to him, as will not exceed the value of the devise or bequest made to him in the will, and he shall recover the same of the devisees or legatees named in the will, in proportion to, and out of, the parts devised and bequeathed to them.

A child, born after the making of a will, who is entitled to succeed to a part of the real or personal property of the testator, or a subscribing witness to a will, who is entitled to succeed to a share of such property, may maintain an action against the legatees or devisees, as the case requires, to recover his or her share of the property; and he or she is subject to the same liabilities and has the same rights, and is entitled to the same remedies, to compel a distribution or partition of the property, or a contribution from other persons interested in the estate, or to gain possession of the property, as any other person who is so entitled to succeed. History: Amended July 7, 1958, No. 349, § 1, Sess. L. 1958, p. 129.

Whenever any estate, real or personal, shall be devised or bequeathed to a child or other descendant or relative of the testator, and such legatee or devisee shall die during the lifetime of the testator, leaving a child or other descendant who shall survive such testator, such devise or legacy shall not lapse, but the property so devised or bequeathed shall vest in the surviving child or other descendant of the legatee or devisee, as if such legatee or devisee had survived the testator and had died intestate.

The clerk of the district court, upon being paid the fees allowed therefor by law, shall receive and deposit in his office, any last will or testament of a resident of the Virgin Islands which any person shall deliver to him for that purpose, and shall give a written receipt therefor to the person depositing the same. A subscribing witness to any last will or testament may make and sign an affidavit before any officer authorized to administer oaths setting forth such facts as he would be required to testify to in order to prove such will. Such affidavit may be written upon said will, or on some paper securely attached thereto, and may be filed for safe keeping with the last will or testament to which it relates. There may also be filed with such will, affidavits of qualified physicians licensed or permitted to practice in the Virgin Islands, certifying that the maker of said will was of sound mind at the time of its execution, together with any facts supporting such opinion.

A will delivered to the clerk of the district court for safe keeping shall be inclosed in a sealed wrapper, so that the contents thereof can not be read, and shall have indorsed thereon the name of the testator, his place of residence, and the day, month and year when delivered; and shall not, on any pretext whatever, be opened, read or examined, until delivered to a person entitled to the same, as hereinafter directed.

A will received by the clerk of the district court for safe keeping shall be delivered only- (1) to the testator in person; or, (2) upon his written order, duly proved by the oath of a subscribing witness; or, (3) after his death to the persons named in the indorsement on the wrapper of such will, if any such indorsement be made thereon.

If a will has been deposited with the clerk of the district court for safe keeping and has not been delivered as provided in section 24 of this title, the clerk of the court, after the death of the testator, shall publicly open and examine the same, and make known the contents thereof, and shall file the same in his office, there to remain until it shall have been duly proved, if capable of proof, and then to be delivered to the person entitled to the custody thereof; or until required by the authority of some competent court to produce the same in such court.

No will in writing, except in the cases hereinafter mentioned, nor any part thereof, shall be revoked, or altered, otherwise than by some other will in writing, or some other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which the will itself was required by law to be executed; or unless such will be burnt, torn, canceled, obliterated or destroyed, with the intent and for the purpose of revoking the same, by the testator himself, or by another person in his presence, by his direction and consent; and when so done by another person, the direction and consent of the testator, and the fact of such injury or destruction, shall be proved by at least two witnesses.

History: Repealed. July 7, 1958, No. 349, § 2, Sess. L. 1958, p. 129. [Repealed.].

A bond, covenant, or agreement made for a valuable consideration by a testator, to convey any property devised or bequeathed in any last will previously made, shall not be deemed a revocation of such previous devise or bequest, but such property shall pass by the devise or bequest, subject to the same remedies on such bond, covenant, or agreement, for specific performance or otherwise, against devisees or legatees, as might be had by law against the heirs of the testator, or his next of kin, if the same had descended to them.

A charge or incumbrance upon any real or personal estate for the purpose of securing the payment of money or the performance of any covenant or agreement shall not be deemed a revocation of any will relating to the same estate previously executed. The devises and legacies therein contained shall pass and take effect subject to such charge or incumbrance.

A conveyance, settlement, deed, or other act of a testator, by which his estate or interest in property, previously devised or bequeathed by him, shall be altered, but not wholly divested, shall not be deemed a revocation of the devise or bequest of such property; but such devise or bequest shall pass to the devisee or legatee, the actual estate or interest of the testator, which would otherwise descend to his heirs, or pass to his next of kin; unless in the instrument by which such alteration is made, the intention is declared, that it shall operate as a revocation of such previous devise or bequest.

If the provisions of the instrument by which the alteration referred to in section 30 of this title is made are wholly inconsistent with the terms and nature of such previous devise or bequest, such instrument shall operate as a revocation thereof, unless such provisions depend on a condition or contingency, and such condition is not performed, or such contingency does not happen.

If, after making any will, the testator duly makes and executes a second will, the destruction, canceling or revocation of such second will, shall not revive the first will, unless it appears by the terms of such revocation, that it was his intention to revive and give effect to his first will; or unless after such destruction, canceling or revocation, he duly republishes his first will.

A will of real property, which has been at any time, either before or after this Code takes effect, duly proved in the district court, with the certificate of proof thereof annexed thereto or indorsed thereon, or a certified copy of the will, may be recorded in the office of the recorder of deeds in the judicial division in which the real property is situated, in the same manner as a deed of real property. Where the will relates to real property, the executor or administrator, with the will annexed, shall cause the same, or a certified copy thereof, to be so recorded in the office of recorder of deeds in each judicial division in which real property of the testator is situated, within twenty days after letters are issued to him. An exemplification of the record of such a will, from any office where the same has been so recorded, either before or after this Code takes effect, may be in like manner recorded in the office of any recorder of deeds. Such a record or exemplification, or an exemplification of the record thereof, shall be received in evidence, as if the original will was produced and proved.

Upon recording a will or exemplification, as prescribed in section 33 of this title, the recorder of deeds must note and index it in the same books, and substantially in the same manner, as if it were a deed recorded in his office.

Where real property situated within the Virgin Islands, or an interest therein, is devised or made subject to a power of disposition by a will in writing, subscribed by the testator, duly executed in conformity with the laws of the Virgin Islands or of the place where executed or of the testator's domicile, and established or admitted to probate without the Territory and filed or recorded in the proper office as prescribed by the laws of the State or foreign country where the will was established or probated, or if such real property is cast by descent through lack of a devise thereof or of a power of disposition thereof by such a will in writing, a copy of such will or of the record thereof and of letters testamentary granted thereon or of the record thereof and of the proofs or of the records thereof, or if the proofs are not on file or recorded in such office, of any statement on file or recorded in such office, of the substance of the proofs, or a copy of a petition for letters of administration or of the record thereof and of letters of administration granted thereon or of the record thereof, authenticated as prescribed in section 36 of this title, or if no proofs and no statement of the substance of the proofs be on file or recorded in such office, a copy of such will or of the record thereof, authenticated as prescribed in such section 36, may be recorded in the office of the recorder of deeds in the judicial division in which such real property is situated, except that where it appears that such will was executed without the Territory no copy of proofs or of the record thereof and no statement of the substance of such proofs or of the record thereof shall be required; and such record in the office of the recorder of deeds or an exemplified copy thereof shall be presumptive evidence of such will and of the execution thereof and of the letters testamentary granted thereon and of such petition for letters of administration and of the letters of administration granted thereon, in any action or special proceeding relating to such real property.

To entitle a copy of a will established or admitted to probate or a copy of a petition for letters of administration or of letters testamentary or of letters of administration, granted in any State of the United States, and of the proofs or of any statement of the substance of the proofs of any such will, or of the record of any such will, petition, letters, proofs or statement to be recorded or used in this Territory as provided in section 35 of this title, such copy shall be authenticated by the seal of the court or officer by which or whom such will was established or admitted to probate or such letters were granted, or having the custody of the same or the record thereof, and the signature of a judge of such court or the signature of such officer and of the clerk of such court or officer if any. To entitle a copy of a will established or admitted to probate or a copy of a petition for letters of administration or of letters testamentary, or of letters of administration granted in a foreign country, and of the proofs or of any statement of the substance of the proofs of any such will, or of the record of any such will, petition, letters, proofs or statement, to be recorded or used in this Territory, as provided in such section, such copy shall be authenticated in the manner prescribed by the laws of the foreign country, and be accompanied by a certificate to the effect that the authentication is in the manner prescribed by the laws of such foreign country. Such certificate may be made by an attorney-at-law admitted to practice in the Virgin Islands, resident in such foreign country, or by a consular officer of the United States resident in such foreign country, under the seal of his office, or by a consular officer of such foreign country, resident in the Virgin Islands, under the seal of his office, or by such other person as the court may deem qualified. In case such certificate is made by a person so deemed qualified by the court, instead of by an officer or person specifically above-described, the judge presiding, shall sign and append to the papers for recording, his statement in writing that he deems such person qualified to make such certificate.

The title of a purchaser in good faith and for a valuable consideration, from the heir of a person who died seized of real property, shall not be affected by a devise of the property made by the latter unless, within two years after the testator's death, the will devising the same is either admitted to probate and recorded as a will of real property in the office of the recorder of deeds in the judicial division in which the property is situated, or established by the final judgment of the district court, in an action brought for that purpose. But if, at the time of the testator's death, the devisee is either within the age of twenty-one years, or insane, or imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or without the Territory; or, if the will was concealed by one or more of the heirs of the testator, the limitation created by this section does not begin until after the expiration of one year from the removal of such a disability, or the delivery of the will to the devisee or his representative, or to the proper recorder of deeds.

The validity and effect of a testamentary disposition of real property, situated within the Virgin Islands, or of an interest in real property so situated, which would descend to the heir of an intestate, and the manner in which such property or such an interest descends, where it is not disposed of by will, are regulated by the laws of the Virgin Islands, without regard to the residence of the decedent. Except where special provision is otherwise made by law, the validity and effect of a testamentary disposition of any other property situated within the Territory, and the ownership and disposition of such property, where it is not disposed of by will, are regulated by the laws of the State or country, of which the decedent was a resident, at the time of his death. Whenever a decedent, being a citizen of the United States or a citizen or a subject of a foreign country, wherever resident, shall have declared in his will and testament that he elects that such testamentary dispositions shall be construed and regulated by the laws of this Territory, the validity and effect of such dispositions shall be determined by such laws.

If a person dying after the effective date of this Code devises or bequeaths any present or future interest in real or personal property to the "issue" of himself or another, such issue shall, if in equal degree of consanguinity to their common ancestor, take per capita, but if in unequal degree, per stirpes, unless a contrary intent is expressed in the will.

If a person dying after the effective date of this Code directs in his will the purchase of an annuity, the person or persons to whom the income thereof is directed to be paid shall not have the right to elect to take the capital sum directed to be used for such purchase in lieu of such annuity except to the extent the will expressly provides for such right, or except to the extent that the will expressly provides that an assignable annuity be purchased. But nothing herein contained shall affect or lessen the rights of election by a surviving spouse against, or in absence of, testamentary provision as provided under section 10 of this title.

If the personal property of a testator is insufficient for full payment of his general legacies, so much of his real property not specifically devised as shall be necessary for payment of the balance shall be sold and the proceeds used for such payment unless the will shall contain an express direction to the contrary.

Property (a) If a will devises or bequeaths property to an association which lacks capacity to take the gift because it is unincorporated, and the association is one authorized to become incorporated by the law of the Virgin Islands or by the law of the jurisdiction in which it has its principal office, the devise or bequest shall not lapse or be deemed invalid because of the lack of capacity of the named beneficiary if, within one year after probate of the will or within any period during which the vesting of the devise or bequest is otherwise lawfully postponed by the will, whichever period is greater, such named beneficiary shall become incorporated, under the law of either such jurisdiction, with power to take such devise or bequest. (b) This section does not limit any power or authority of the court to effectuate the intent of the testator and to preserve legacies and devises for the use and benefit of unincorporated associations. (c) Whenever any property, real or personal, is devised or bequeathed to an unincorporated association in such manner that the estate or interest devised or bequeathed will lawfully vest in such association, pursuant to the terms of the will or as provided in subsection (a) of this section, at a future time or upon a future event if it be incorporated at such time or upon such event as the case may be, with power to take such devise or bequest, the estate or interest so devised or bequeathed shall be deemed to be vested forthwith, either in the trustees in whom any estate preceding such devise or bequest shall be vested, or if there be no such precedent trust, then in the personal representative or representatives of the decedent as trustees, to be held subject to any intermediate estate or interest created by the will, whether legal or equitable. A trust arising as provided in this subsection shall be deemed to be created by the will, and the trust and trustees shall be subject to the direction and control of the district court to the same extent as if the trust had been created by express provision in the will. The trustees shall hold the estate or interest upon trust to reduce the property to possession at such future time or upon such future event if the association then be incorporated and empowered to receive such devise or bequest, to transfer, pay over and deliver it to the corporation so formed, or if the association be not, at such future time or upon such future event, incorporated and empowered to receive such devise or bequest, then to transfer, pay over and deliver the property to such persons as may be entitled thereto. A trust arising as provided in this subsection shall be deemed executed upon the incorporation of such association with power to receive the devise or bequest even though such incorporation occurs prior to the time or event fixed for vesting thereof. (d) If a devise or bequest to an association be made in such manner as to take effect upon incorporation of such association, pursuant to the terms of the will or as provided in subsection (a) of this section, and no disposition is made of the rents and profits or income prior to such incorporation, the will shall be deemed to direct the trustees described in subsection (c) of this section to receive the rents and profits, or the income, and hold them for the benefit of the corporation when formed, or if such corporation be not formed within the time fixed for vesting of the estate or interest, then for the benefit of the persons entitled to the property devised or bequeathed upon the failure of such devise or bequest. (e) Notwithstanding any other statute or rule of law of this territory governing- (1) the purposes for which trusts may be created; or (2) the duration of suspension of the power of alienation; or (3) the remoteness of vesting of estates; or (4) the accumulation of rents, profits or income- a trust created as provided in subsection (c) of this section, its continuation during the period provided in subsection (a) of this section, and any suspension of the power of alienation or postponement of vesting provided for in subsection (a) of this section, and any accumulation provided for in subsection (d) of this section, shall be valid. (f) During the continuance of any trust provided for in subsection (c) of this section the right to enforce the performance of such trust shall be held by the unincorporated association to which the devise or bequest is made upon the event of its incorporation, and any such association shall have capacity and power as such, notwithstanding the fact that it is not incorporated, to hold such right and to take such proceedings as may be appropriate for its exercise or waiver, or, in the manner permitted by law for renunciation by a devisee or legatee, to renounce the devise or bequest on behalf of itself and of the corporation contemplated in the devise or bequest. In the event of any such renunciation the trust provided for in subsection (c) of this section shall terminate and the property so devised or bequeathed, with any accumulations, shall vest in the persons otherwise entitled thereto, as if no such devise or bequest had been made. (g) This section does not limit the operation of any other provisions in the laws of the Virgin Islands authorizing the devise or bequest of real or personal property, even though the devise or bequest has been deemed to have been made to an association as provided in subsection (a) of this section. The rule of construction stated in subsection (c) of this section has no effect upon the question whether the persons entitled to distributive shares in the estate of a testator take as distributees or take by reason of the will.

This chapter may be cited as the "Virgin Islands Uniform Electronic Wills Act". History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 112.

(a) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (b) "Electronic presence" means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location. (c) "Electronic will" means a will executed electronically in compliance with section 55(a). (d) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (e) "Sign" means with present intent to authenticate or adopt a record: (A) to execute or adopt a tangible symbol; or (B) to affix to or logically associate with the record an electronic symbol or process. (f) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe. (g) "Will" includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 112, 113.

An electronic will is a will for all purposes under the law of the Virgin Islands. The law of the Virgin Islands applicable to wills and principles of equity applies to an electronic will, except as modified by this chapter. History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 113.

A will executed electronically, but not in compliance with section 55(a), is an electronic will under this chapter if executed in compliance with the law of the jurisdiction where the testator is: (1) physically located when the will is signed; or (2) domiciled or resides when the will is signed or when the testator dies. History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 113.

(a) Subject to section 58(e) and except as provided in section 56, an electronic will must be: (1) a record that is readable as text at the time of signing under paragraph (2); (2) signed by: (A) the testator; or (B) another individual in the testator's name, in the testator's physical presence, and by the testator's direction; and (3) Either; (A) Signed in the physical or electronic presence of the testator by at least two attesting individuals, each of whom is a resident of a state and physically located in a state at the time of signing and within a reasonable time after witnessing: (i) the signing of the will under paragraph (2); or (ii) the testator's acknowledgement of the signing of the will under paragraph (2) or acknowledgement of the will; or (B) Acknowledged by the testator before and in the physical or electronic presence of a notary public or other individual authorized by law to notarize records electronically. (b) Intent of a testator that the record under subsection (a)(1) be the testator's electronic will may be established by extrinsic evidence. History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 113, 114.

A record readable as text that is not executed in compliance with section 55(a) is deemed to comply with section 55(a) if the proponent of the record establishes by clear and convincing evidence that the decedent intended the record to be: (1) the decedent's will; (2) a partial or complete revocation of the decedent's will; (3) an addition to or modification of the decedent's will; or (4) a partial or complete revival of the decedent's formerly revoked will or part of the will. History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 114.

(a) An electronic will may revoke all or part of a previous will. (b) All or part of an electronic will is revoked by: (1) a subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (2) A physical act, if it established by clear and convincing evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence. History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 114.

Execution (a) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. (b) If both the attesting witnesses are physically present in the same location as the testator at the time of signing under section 55, the acknowledgment and affidavits under subsection (a) must be: (1) Made before an officer authorized to administer oaths under law of the state in which execution occurs; and (2) Evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will. (c) If one or both the attesting witnesses are not physically present in the same location as the testator at the time of signing under section 55, the acknowledgement and affidavits under subsection (a) must be: (1) Made before an officer authorized under 3 V.I.C. § 824; and (2) Evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will. (d) The acknowledgement and affidavits under subsection (a) must be in substantially the following form: I, ____________________, the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another to sign for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am eighteen years of age or older, of sound mind, and under no constraint or undue influence. Testator ________________ We, ____________________, and ____________________, witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence. Witness ________________ Witness ________________ State of ____________________ Subscribed, sworn to, and acknowledged before me by ____________________ (name) ____________________ (name), witnesses, this ____________________ day of ____________________, ____________________ (SEAL) (signed) ________________ (Official capacity of officer) ________________ (e) A signature physically or electronically affixed to an affidavit affixed to or logically associated with an electronic will under this act is deemed a signature of the electronic will for the purpose of section 55(a). History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 114-116.

An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of an electronic will is a complete, true and accurate copy of the electronic will. If the electronic will was made self-proving, the certified paper copy of the will must include the self-proving affidavits. History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 116.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to each subject matter among states that enact it. History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 116.

Act This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section7001 et seq., but does not modify, limit Section 101(c) of that act, 15 U.S.C. Section7001(c) or authorize electronic delivery of any of the notices described in Section 103(b), 15 U.S.C. Section7003(b). History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 116.

This chapter applies to the will of a decedent who dies on or after the effective date of this act. History: Added Apr. 11, 2022, No. 8556, § 1, Sess. L. 2022, p. 116.

(a) The term "real property" as used in this chapter, includes every estate, interest and right, legal and equitable, in lands, tenements and hereditaments, except such as are determined or extinguished by the death of an intestate, seized or possessed thereof, or in any manner entitled thereto, leases for years, estates for the life of another person, and real property held in trust, not devised by the beneficiary. (b) When in this chapter a person is described as "living," it means living at the time of the death of the intestate from whom the descent or distribution came; when he is described as having "died," it means that he died before such intestate. (c) This chapter does not affect a limitation of an estate by deed or will.

All existing modes, rules and canons of descent are hereby abolished. The determination of the degree of consanguinity of distributees of real and personal property shall be uniform, and shall be in accordance with the rules as applied immediately before the taking effect of this section to the determination of the next of kin of an intestate leaving personal property. All distinctions between the persons who take as heirs at law or next of kin are abolished and the descent of real property and the distribution of personal property shall be governed by this chapter except as otherwise specifically provided by law. Whenever in any statute the words heirs, heirs at law, next of kin, or distributees, are used, such words shall be construed to mean and include the persons entitled to take as provided by this chapter.

The shares of the surviving spouse as to real property as provided in this chapter and in section 10 of this title are in lieu of all rights of dower or curtesy therein. All rights of dower or curtesy in the estate of any person who dies after the effective date of this Code are abolished.

The real property of a deceased person, male or female, not devised, shall descend, and the surplus of his or her personal property, after payment of debts and legacies, and if not bequeathed, shall be distributed to the surviving spouses, children, or next of kin or other persons, in manner following: (1) One-third to the surviving spouse, and the residue in equal portions to the children, and such persons as legally represent the children if any of them have died before the deceased. (2) If the deceased leaves a surviving spouse and both parents surviving, and no child or descendant, the surviving spouse shall take five thousand dollars and one-half of the residue, and the parents shall each take one-half of the balance; if there be no surviving spouse, the parents shall each take one-half of the whole. (3) If the deceased leaves one parent surviving, and no child or descendant, and a surviving spouse, the surviving spouse shall take five thousand dollars and one-half of the residue, and the surviving parent shall take the balance; if there be no surviving spouse, the surviving parent shall take the whole. (4) If the deceased leaves a surviving spouse, and no descendant, parent, brother or sister, nephew or niece, the surviving spouse shall be entitled to the whole thereof; but if there be a brother or sister, nephew or niece, and no descendant or parent, the surviving spouse shall take ten thousand dollars and one-half of the residue, and the balance shall descend and be distributed to the brothers and sisters and their representatives. (5) If there be no surviving spouse, the whole thereof shall descend and be distributed equally to and among the children, and such as legally represent them. (6) If there be no surviving spouse, and no children, and no representatives of a child, and no parent, the whole shall descend and be distributed to the next of kin in equal degrees to the deceased; and if all the brothers and sisters of the intestate be living, the whole shall descend and be distributed to them; if any of them be living and any be dead, per stirpes to the brothers and sisters living, and the descendants in whatever degree of those dead; so that to each living brother or sister shall descend or be distributed such shares as would have descended or been distributed to him or her if all the brothers and sisters of the intestate who shall have died leaving issue had been living, and so that there shall be distributed to such descendants in whatever degree, collectively, the share which their parent would have received if living; and the same rule shall prevail as to all direct lineal descendants of every brother and sister of the intestate whenever such descendants are of unequal degrees. (7) If the deceased was illegitimate and leaves a mother, and no child, or descendant, and no surviving spouse, such mother shall take the whole and shall be entitled to letters of administration in exclusion of all other persons. If the deceased shall leave a surviving spouse, the surviving spouse shall take five thousand dollars and one-half of the residue, and the mother shall take the balance. If the mother of such deceased be dead, the relatives of the deceased on the part of the mother shall take in the same manner as if the deceased had been legitimate, and be entitled to letters of administration in the same order. (8) Where the distributees of the deceased, entitled to share in his estate, are all in equal degree to the deceased, their shares shall be equal. (9) When such distributees are of unequal degrees of kindred, the whole shall descend and shall be distributed to those entitled thereto, according to their respective stocks; so that those who take in their own right shall receive equal shares, and those who take by representation shall receive the share to which the parent whom they represent, if living, would have been entitled. (10) No representation shall be admitted among collaterals after brothers' and sisters' descendants. (11) Relatives of the half-blood shall take equally with those of the whole blood in the same degree; and the representatives of such relatives shall take in the same manner as the representatives of the whole blood. (12) Descendants and other distributees of the deceased, begotten before his death, but born thereafter, shall take in the same manner as if they had been born in the lifetime of the deceased, and had survived him. (13) An illegitimate child shall be considered to have the same status, for the purpose of the descent and distribution of the property of his or her ancestors, as if he or she were born in lawful wedlock provided that in cases where the ancestor in question is a father, he admitted of record paternity of such child by signing the official birth certificate; or he was adjudged the father of such child by a court of competent jurisdiction; or by written acknowledgment he recognized such child as his. (14) The right of an adopted child to take a share of the estate and the right of succession to the estate of an adopted child shall continue as provided in Title 16.

If a child of an intestate shall have been advanced by him, by settlement or portion, real or personal property, the value thereof must be reckoned for the purposes of descent and distribution as part of the real and personal property of the intestate descendible and to be distributed to his distributees; and if such advancement be equal to or greater than the amount of the share which such child would be entitled to receive of the estate of the deceased, such child and his descendants shall not share in the estate of the intestate; but if it be less than such share, such child and his descendants shall receive so much, only, of the personal property, and inherit so much only, of the real property, of the intestate, as shall be sufficient to make all the shares of all the children in the whole property, including the advancement, equal. The value of any real or personal property so advanced shall be deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise it must be estimated according to the worth of the property when given. Maintaining or educating a child, or giving him money without a view to a portion or settlement in life is not an advancement. An estate or interest given by a parent to a descendant by virtue of a beneficial power, or of a power in trust with a right of selection, is an advancement.

When an advancement to be adjusted consisted of real property, the adjustment must be made out of the real property descendible to the distributees. When it consisted of personal property, the adjustment must be made out of the surplus of the personal property to be distributed to the distributees. If either species of property is insufficient to enable the adjustments to be fully made, the deficiency must be adjusted out of the other.

to Distributive Share No distributive share of the estate of a decedent shall be allowed under the provisions of this chapter, either- (1) to a spouse against whom or in whose favor a final decree or judgment of divorce recognized as valid by the law of this territory has been rendered; or (2) to a spouse who has procured without this territory a final decree or judgment dissolving the marriage with the decedent, where such decree or judgment is not recognized as valid by the law of this territory; or (3) to a husband who has neglected or refused to provide for his wife, or has abandoned her; or (4) to a wife who has abandoned her husband; or (5) in the estate of a child to a parent who has neglected or refused to provide for such child during infancy or who has abandoned such child during infancy whether or not such child dies during infancy, unless the parental relationship and duties are subsequently resumed and continue until the death of the child. If the spouse or parent is deprived of a distributive share in the estate of a decedent by the provisions of this section the estate of such decedent shall be distributed, in accordance with the other provisions of this chapter, as though such spouse or parent had predeceased the decedent.

(a) Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as otherwise provided in this section. (b) Where a testamentary disposition of property depends upon the time of death or two or more beneficiaries designated to take alternatively by reason of survivorship and there is no sufficient evidence that such beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are alternative beneficiaries and such portions shall be distributed respectively to those who would have taken the whole property in the event that the designated beneficiary through whom they take had survived. (c) Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants. (d) Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. (e) This section shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein a provision other than that provided for by this section has been made for the disposition of property. (f) Nothing contained in this section shall be deemed or construed to apply to the disposition of property of a person who has died before the effective date of this Code or to the disposition of property passing under an instrument, other than a will, executed before such date.

Administration (a) As used in this section- "debt" means (1) money payable on account of a deposit in a bank, national bank, trust company, savings bank, industrial bank, territorial or federal savings and loan association or territorial or federal credit union, or with a private banker payable to, or to the estate of, or to a beneficiary designated by, the depositor, or (2) money payable by a state or federal savings and loan association or territorial or federal credit union to, or to the estate of, or to a beneficiary designated by, a member on account of the withdrawal value of his shares, or (3) money payable by an insurance company or a savings bank authorized to conduct the business of life insurance under an annuity or pure endowment contract or a policy of life, group life, industrial life, or accident and health insurance, or a contract made by such an insurer, relating to the payment of proceeds or avails thereof, to, or to the estate of, or to a beneficiary designated by, the owner or the person purchasing such annuity or the person effecting such supplemental contract, or (4) money payable by a public corporation, a territorial or the federal government or an agency thereof, to, or to the estate of, or to a beneficiary designated by, any natural person or (5) a pension or retirement or death benefit, profit share, earnings, wages, salary or bonus payable by an employer or by a pension, retirement or profit-sharing plan or system to, or to the estate of, or to a beneficiary designated by, an employee, or (6) a balance of money due on an accepted claim or account payable, on account of dividends payable in liquidation of bank assets, to, or to the estate of, or to a beneficiary designated by, a depositor; "Debtor" means the person or persons, partnership, corporation, government or government agency by whom a debt defined in this section is to be paid; "Creditor" means the employee, depositor, member, or other person, to whom, or to whose estate, or to a beneficiary designated by whom, a debt defined in this section is to be paid, and shall include any beneficiary validly designated by such a creditor; A "designation of a beneficiary" means any writing, signed by the creditor and delivered to the debtor, purporting to designate the person to whom a debt shall be paid on death of the creditor, or any transaction which operates pursuant to statute as such a designation. (b) Upon the death of a creditor, unless otherwise provided by a designation of a beneficiary which is then in effect, it shall be lawful for the debtor forthwith to pay to the surviving spouse of the decedent not more than one thousand dollars of the debt, upon an affidavit made by such spouse showing that such payment and all other payments received by such spouse under this subsection do not in the aggregate exceed $10,000. (c) Not less than thirty days after the death of a creditor, unless otherwise provided by a designation of a beneficiary which is then in effect, it shall be lawful for the debtor to pay not more than $10,000 of the debt to- (1) the surviving spouse; (2) one or more of the children 18 years of age or older; (3) the father or mother; (4) the brother or sister; or (5) any other surviving relative, friend, or agent of decedent, preference being given in the order named if request for payment shall have been made by more than one such person, or, upon the request of the surviving spouse or one of such relatives, to a creditor of the decedent or to a person who has paid or incurred the funeral expenses of the decedent, upon an affidavit made by the surviving spouse, or relative to whom or at whose request the payment is made, accompanied by a certified copy of the death certificate, with the affidavit showing: (A) the date of the death of the decedent; (B) the relationship of the affiant to the decedent; (C) that no executor or administrator has qualified or been appointed; (D) the names and addresses of the persons entitled to and who will receive the money paid; and (E) that such payment and all other payments made, under this section by all debtors, known to the affiant, after diligent inquiry, do not in the aggregate exceed such amount as provided by regulation promulgated by the Commissioner of Banking. This subsection does not limit the right of a debtor to make payment to a surviving spouse within less than thirty (30) days after the death of the creditor as provided in subsection (b) of this section. (d) [Repealed.] (e) A payment made in good faith under this section shall be a complete discharge to the debtor to the extent of the payment, even though the affidavit on which payment is made is false, and even though payment pursuant to subsection (c) of this section was not made in the order of preference indicated in that subsection, provided only that the creditor is dead and that the required number of days elapses between death and payment and, in the case of a payment under subsection (b) of this section or subsection (c) of this section, that the affiant in fact bears the stated relationship to the decedent, and in the case of a payment under subsection (d) of this section, that the affiant is in fact a distributee or creditor, or has paid or incurred the funeral expenses. (f) Any person receiving payment pursuant to this section is accountable therefor to the lawful executor or administrator of the decedent if one is appointed, or to the district court; except that a surviving spouse entitled to have property set aside to him or to her pursuant to section 352 of this title need not account for such payments to the extent of the exemption provided in such section 352, and the amount so received shall be credited to such exemption. (g) Nothing in this section shall deprive any person of any right which he would otherwise have to receive payment of a debt, except as against a debtor who has made a payment which is a discharge under subsection (e) of this section; nor shall anything in this section deprive any debtor of any right to make or refuse payment which it would otherwise have. (h) This section shall apply to payments not otherwise governed by applicable law. History: Amended Aug. 9, 1994, No. 6003, § 1, Sess. L. 1994, p. 136; Apr. 7, 2004, No. 6662, § 3, Sess. L. 2004, p. 17; Mar. 5, 2005, No. 6730, § 24, Sess. L. 2005, p. 106; amended Aug. 16, 2021, No. 8463, § 1, Sess. L. 2021, p. 44.

When any person dies without heirs entitled by law to inherit, leaving any real or personal property in this territory, the same shall escheat to and become the property of this territory.

The government of the Virgin Islands may maintain any action or proceeding necessary to recover the possession of any property left under the conditions described in section 121 of this title, or for the enforcement or protection of the rights of this territory thereto or on account thereof, in like manner and with like effect as any natural person. Such action or proceeding shall be prosecuted by the United States attorney by the leave and under the direction of the Governor, and not otherwise.

When the Governor is informed or has reason to believe that any real or personal property has escheated to this territory he shall direct the United States attorney to file an information in behalf and in the name of the Government of the Virgin Islands in the district court, setting forth a description of the estate, the name of the person last seized, the name of the occupant or the person in possession and claiming such estate, if known, and the facts and circumstances in consequence of which the estate is claimed to have been escheated, with an allegation that by reason thereof this territory has right by law to such estate. Upon such information a summons must issue to such person requiring him to appear and answer the information within the time allowed by law in civil actions, and the court must make an order setting forth briefly the contents of the information and requiring all persons interested in the estate to appear and show cause, if any they have, within such time as the court making such order may fix, why the title should not vest in this territory, which order must be published for at least six consecutive weeks from the date thereof in a newspaper published in the judicial division in which the property is situated, if one be published therein, and in case no newspaper is published in the division then in such newspaper as the court by order may direct.

The court, upon the information being filed as provided in section 123 of this title, with and upon the application of the United States attorney, either before or after answer, upon notice to the party claiming such estate, if known, may upon sufficient cause therefor being shown, appoint a receiver to take charge of such estate, and receive the rents and profits of the same, until the title to such estate is finally settled.

(a) All persons named in the information referred to in section 123 of this title may appear and answer or deny the facts stated at any time before the time for answering expires; and any other person claiming an interest in such estate may appear and be made a defendant by motion for that purpose in open court within the time allowed for answering; and if no person appears and answers within the time, then judgment shall be rendered that this territory is the owner of the property in such information claimed. (b) If any person appears and denies the title set up by this territory, or denies any material fact set forth in the information, the issue of fact must be tried as issues of facts are tried in civil actions. If, after the issues are tried, it appears from the facts found or admitted that this territory has good title to the property in the information mentioned, or any part thereof, judgment shall be rendered that this territory is the owner and entitled to the possession thereof, and that it recover costs of action against the defendants who have appeared and answered.

In any judgment rendered by any court of competent jurisdiction, escheating property to this territory, on motion of the United States attorney, the court shall make an order that such property be sold at public sale, and upon such terms, whether for cash or credit, or both, as shall be deemed for the best interests of this territory. After giving such notice of the time and place of sale as may be prescribed by the court in the order, the marshal shall, within ten days after such sale, make a report thereof to the court, and, upon hearing the report, the court may examine the same and witnesses in relation thereto, and if the proceedings of such sale are unfair, or the sum or sums bid are disproportionate to the value of the portion sold, and if it appear that a greater sum can be obtained for the property, or any portion thereof, exceeding such bid by at least ten per centum, exclusive of the expense of a new sale, the court may vacate the sale and direct another sale to be had and the new sale shall be conducted in all respects as if no previous sale had taken place. But if it appears to the court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, and that a greater sum than ten per centum, exclusive of the expense of a new sale, can not be obtained, the court shall make an order confirming the sale and directing the marshal in the name of this territory to execute to the purchaser or purchasers a conveyance of the property sold, and the conveyance shall vest in the purchaser or purchasers all the right and title of this territory therein, and also directing that the purchaser shall execute and deliver to the marshal his note or notes, payable to this territory, for any deferred payments, with a first mortgage upon the property conveyed, to secure such deferred payments. The marshal shall, out of the proceeds of such sale, pay the cost of the proceedings incurred on behalf of this territory, including the expense of making such sale, and the remainder, together with the notes and mortgages, he shall deliver to the Commissioner of Finance.

Within ten years after judgment in any proceeding had under this chapter, a person not a party or privy to such proceeding may file a petition in the district court showing his claim or right to the property or the proceeds thereof. A copy of such petition shall be served upon the United States attorney at least twenty days before the hearing of the petition, and he shall answer the same. The court thereupon shall try the issue as issues are tried in civil actions, and if it be determined that such person is entitled to the property or the proceeds thereof, the court shall order the property, if it has not been sold, to be delivered to him; or if it has been sold and the proceeds paid into the Treasury, then it shall order that a copy of the judgment be forwarded to the Commissioner of Finance. All persons who fail to appear and file their petitions at any time within the time limited, by law are forever barred, saving, however, to infants and persons of unsound mind the right to appear and file their petitions at any time within the time limited, or one year after their respective disabilities cease.

When the Governor is informed or has reason to believe that any bank, banker, or other banking institution in the Virgin Islands has or holds on deposit or otherwise any fund, funds, or other property of any kind or nature which has escheated to this territory, he shall direct the United States attorney to file in the District Court an information or bill of discovery, with proper interrogatories to be answered by the owner, agent, or manager of such bank or banking institution, and upon the filing of such information or bill the court shall order and direct, at a time to be designated in the order, that the owner, agent or manager of such bank or banking institution shall, under oath, file an answer to the information and interrogatories, and shall specially answer each and every interrogatory contained in such information or bill. If it appears to the court from such answer that the bank, banker or banking institution has any property in its possession which has escheated or may escheat to this territory, it shall direct the bank, banker, or banking institution forthwith to bring the same into such court, and the court shall proceed to dispose of the property as provided elsewhere in this chapter.

In addition to the jurisdiction and powers conferred upon it by other provisions of law, the district court has jurisdiction and the power to administer justice in all matters relating to the affairs of decedents, and, upon the return of any process, to try and determine all questions, legal or equitable, arising between any or all of the parties to any proceeding, or between any party and any other person having any claim or interest therein who voluntarily appears in such proceeding, or is brought in by citation, as to any and all matters necessary to be determined in order to make a full, equitable, and complete disposition of the matter by such order or decree as justice requires; and, in the cases and in the manner prescribed by law, and in addition to and without limitation or restriction on the foregoing powers, to- (1) take proof of wills; (2) grant and revoke letters testamentary, and of administration; (3) direct and control the conduct, and settle the accounts, of executors and administrators; (4) direct the payment of debts and legacies and the distribution of the estates of intestates; and (5) order the sale and disposal of the real and personal property of deceased persons.

The mode of proceeding in testamentary or probate matters is in the nature of a suit in equity, and the pleadings and forms thereof shall be as prescribed by rules of the district court.

The proceedings in probate matters shall be entered and recorded in the following books- (1) a register, in which shall be entered a memorandum of all official business transacted by the court appertaining to the estate of each person deceased under the name of such person; (2) a record of wills, in which shall be recorded all wills proven before the court, with the order of probate thereof, and of all wills proved elsewhere upon which letters of administration are issued by the direction of the court; (3) a record of the appointment of administrators, whether general, special, or of a partnership, and of executors; (4) a record of accounting and distribution, in which shall be entered a summary balance sheet of the accounts of administrators and executors, with the orders and decrees relating to the same; a memorandum of executions issued thereon, with a note of satisfaction when satisfied; also orders and decrees relating to the sale of real property and to the distribution of the proceeds thereof, and notices of all money or securities paid or deposited in court as proceeds of such sales or otherwise, and a statement showing the names of creditors, and the debts established and entitled to distribution, the amount to which each person is entitled out of such fund, and the amount actually paid to each person, and when paid; and (5) an order book, in which shall be entered orders directing the conduct of executors or administrators, orders for publication of notice to creditors; orders in behalf of creditors, directing debts to be paid or allowing an execution to be issued; appraisers and referees; orders relating to the production of a will, to removal of executors or administrators, or to sureties therefor, and generally all other orders not required to be entered in some other book.

To each of the books referred to in section 163 of this title there shall be attached an index, securely bound in the volume, referring to the entries or records, in alphabetical order, under the name of the person to whose estate or business they relate and naming the page of the book where the entry or record is made.

With respect to matters to which this chapter relates, costs may be awarded in favor of one party against another, to be paid personally or out of the estate or fund, in any proceedings contested adversely. Such costs shall not exceed those allowed in the trial of a civil action in the district court. Witness fees and other disbursements similar to those allowed on the trial of a civil action may also be allowed, to be paid in like manner.

With respect to matters to which this chapter relates, orders, judgments, or decrees for the payment of money may be enforced, by execution or otherwise, in the same manner as other orders, judgments, or decrees for the payment of money in the district court.

Estates, wherein the value of the assets is less than one hundred thousand dollars, may be administered in a summary manner, under such general and special rules as may be prescribed by the Superior Court. History: Amended Jan. 18, 2020, No. 8264, § 1(a), (b), Sess. L. 2019, p. 170.

In case of the absence from the jurisdiction of any person owning property therein, for a period of ten years or more, during which time there has been no knowledge or means of knowledge of his whereabouts afforded by him or obtainable by the exercise of reasonable diligence on the part of the heirs, beneficiaries, or other parties in interest of his estate, such heir, beneficiary or other interested party may institute a proceeding for the administration of the estate of such absentee owner, on the presumption that the latter has died intestate.

Whenever a person dies intestate, leaving no debts, or such debts as his heirs choose to assume and pay, the heirs may present to the court a petition duly verified by two witnesses, which shall state- (1) the name and residence of the deceased; (2) the date of his death, supported by death certificate when available and procurable; (3) the names and capacities of the heirs; (4) that there are no debts, or that the heirs choose to assume and pay such debts as there may be; (5) that they accept the estate purely, simply and unconditionally, making the petitioners and the property of decedent responsible for any debts that may be owing by the decedent; and (6) the proportion due each heir. The petition shall end with a prayer that the heirs be recognized as the legal heirs of the deceased and as such be placed in full possession of the decedent's estate, real and personal.

An inventory of all property left by the deceased shall be annexed to the petition referred to in section 191 of this title. The inventory shall state the true and fair value of the property at the time of the decedent's death, shall be sworn to by two responsible persons, and shall be the basis for the computation of the inheritance tax to be paid by the estate.

Before presentation of the petition referred to in section 191 of this title to the court for consideration it shall be submitted to the United States attorney who, if satisfied as to the correctness of the valuation as shown by the inventory and sworn to, shall approve the petition in the margin thereof and certify the amount of inheritance tax to be paid to the Territory. If the United States attorney refuses to approve the petition, the petitioners may present it to the court and cause a rule to issue on the United States attorney ordering him to show cause why the inheritance tax should not be fixed and the petition approved.

After publication of notice to creditors once a week for four weeks and upon the approval, by the United States attorney or by judgment on rule, of the petition referred to in section 191 of this title, the amount of the inheritance tax shall be deposited with the clerk of the court and not until then shall the petition be considered by the court and judgment pronounced thereon. After judgment has been rendered by the court, the clerk of the court shall pay the inheritance tax to the proper fiscal officer for the account of the Territory and file the receipt therefor with the petition and judgment.

In the judgment recognizing the heirs and placing them in possession of the estate of the deceased, the real estate shall be described in detail. A registration in the office of the proper recorder of deeds of said judgment, or a certified copy thereof, shall be prima facie proof of title to said property in the heir or heirs therein named.

Where all or any of the heirs are minors, acceptance of the estate can only be made for said minors after the filing of an inventory and appraisement, as provided for by chapter 19 of this title, provided that the acceptance by either surviving spouse, by a guardian, or another authorized person or persons on behalf of a minor or minors shall not bind said minors with respect to the debts of the estate beyond their net equity in the assets of the decedent's estate.

Any creditor may obtain and preserve a lien against all property of the decedent by filing for recordation, within 1 year after the decedent's death, in the office of the clerk of the court, a sworn itemized account of his claim and from the date of recordation said claim shall become a lien upon the assets of the estate until such lien is discharged by payment or cancelled by judgment of court in appropriate proceedings.

If the decedent has left a last will and testament, the legatee or legatees under the will, may, after inventory and appraisement and appointment of executor or administrator, if an administration is unnecessary, apply to the court to be recognized and placed in possession upon strict observance of sections 191, 192, 193, 194 and 195 of this title.

Any heir or legatee, non-resident of the Virgin Islands, or who shall remove therefrom after having been placed in possession of any of the assets of an estate under this chapter in relation to any claim against said estate is presumed to have consented to be sued in the District Court of the Virgin Islands and service on any such absent heir or legatee shall be sufficient if made upon the clerk of the district court in this territory. The clerk of the court, upon receipt of the summons, is required to forward same promptly by registered mail to the heir or legatee named in said proceedings addressed to his or her last known address; provided that the time for filing the answer shall be sixty (60) days from the date of the service by the marshal on the clerk of the court.

In the interval between the entry of a judgment placing heirs in possession as provided for in this chapter and 120 days thereafter, any alienation, transfer, assignment, mortgage or encumbrance of the assets of the estate shall be voidable as against any creditor prejudiced thereby, and any such creditor may cause the acts to be declared null as done in fraud of his rights.

On Death A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or other written instrument of a similar nature is nontestamentary. This section includes a written provision that: (1) money or other benefits due to, controlled by, or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later; (2) money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or (3) any property controlled by or owned by the decedent before death which is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 460.

Statutory Allowances (a) In this section, "nonprobate transfer" means a valid transfer effective at death, other than a transfer of a survivorship interest in a joint tenancy of real estate, by a transferor whose last domicile was in the Virgin Islands to the extent that the transferor immediately before death had power, acting alone, to prevent the transfer by revocation or withdrawal and instead to use the property for the benefit of the transferor or apply it to discharge claims against the transferor's probate estate. (b) Except as otherwise provided by statute, a transferee of a nonprobate transfer is subject to liability to any probate estate of the decedent for allowed claims against decedent's probate that estate and statutory allowances to the decedent's spouse and children to the extent the estate is insufficient to satisfy those claims and allowances. The liability of a nonprobate transferee may not exceed the value of nonprobate transfers received or controlled by that transferee. (c) Nonprobate transferees are liable for the insufficiency described in subsection (b) in the following order of priority: (1) a transferee designated in the decedent's will or any other governing instrument, as provided in the instrument; (2) the trustee of a trust serving as the principal nonprobate instrument in the decedent's estate plan as shown by its designation as devisee of the decedent's residuary estate or by other facts or circumstances, to the extent of the value of the nonprobate transfer received or controlled; (3) other nonprobate transferees, in proportion to the values received. (d) Unless otherwise provided by the trust instrument, interests of beneficiaries in all trusts incurring liabilities under this section abate as necessary to satisfy the liability, as if all of the trust instruments were a single will and the interests were devises under it. (e) A provision made in one instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument. If a provision in one instrument conflicts with a provision in another, the later one prevails. (f) Upon due notice to a nonprobate transferee, the liability imposed by this section is enforceable in proceedings in the Virgin Islands, whether or not the transferee is located in the Virgin Islands. (g) A proceeding under this section may not be commenced unless the personal representative of the decedent's estate has received a written demand for the proceeding from the surviving spouse or a child, to the extent that statutory allowances are affected, or a creditor. If the personal representative declines or fails to commence a proceeding after demand, a person making demand may commence the proceeding in the name of the decedent's estate, at the expense of the person making the demand and not of the estate. A personal representative who declines in good faith to commence a requested proceeding incurs no personal liability for declining. (h) A proceeding under this section must be commenced within one year after the decedent's death, but a proceeding on behalf of a creditor whose claim was allowed after proceedings challenging disallowance of the claim may be commenced within 60 days after final allowance of the claim. (i) Unless a written notice asserting that a decedent's probate estate is nonexistent or insufficient to pay allowed claims and statutory allowances has been received from the decedent's personal representative, the following rules apply: (1) Payment or delivery of assets by a financial institution, registrar, or other obligor, to a nonprobate transferee in accordance with the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered. (2) A trustee receiving or controlling a nonprobate transfer is released from liability under this section with respect to any assets distributed to the trust's beneficiaries. Each beneficiary to the extent of the distribution received becomes liable for the amount of the trustee's liability attributable to assets received by the beneficiary. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 460-462.

This chapter may be cited as The Virgin Islands Uniform Real Property Transfer on Death Act. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 462.

In this subchapter: (a) "Beneficiary" means a person that receives property under a transfer on death deed. (b) "Designated beneficiary" means a person designated to receive property in a transfer on death deed. (c) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant and tenant by the entirety. The term does not include a tenant in common. (d) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (e) "Property" means an interest in real property located in the Virgin Islands which is transferable on the death of the owner. (f) "Transfer on death ("TOD") deed" means a deed authorized under this subchapter. (g) "Transferor" means an individual who makes a transfer on death deed. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 462.

This subchapter applies to a transfer on death deed made before, on, or after the effective date of this subchapter by a transferor dying on or after the effective date of this subchapter. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 462.

This subchapter does not affect any method of transferring property otherwise permitted under the law of this Territory. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 463.

An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 463.

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 463.

A transfer on death deed is non-testamentary. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 463.

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 463.

A transfer on death deed: (1) Except as otherwise provided in paragraph (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed; (2) must state that the transfer to the designated beneficiary is to occur at the transferor's death; and (3) must be recorded before the transferor's death in the public records in the Office of the Recorder of Deeds for the district where the property is located as a TOD Deed. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 463.

A transfer on death deed is effective without: (a) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (b) consideration. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 463.

Permitted (a) Subject to subsection (b), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (1) is one of the following: (A) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency; (B) an instrument of revocation that expressly revokes the deed or part of the deed; or (C) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and (2) is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the Office of the Recorder of Deeds for the district where the deed is recorded. (b) If a transfer on death deed is made by more than one transferor: (1) revocation by a transferor does not affect the deed as to the interest of another transferor; and (2) a deed of joint owners is revoked only if it is revoked by all of the living joint owners. (c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed. (d) This section does not limit the effect of an inter vivos transfer of the property. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 463, 464.

A transfer on death deed does not: (1) affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed; (3) affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed; (4) affect the transferor's or designated beneficiary's eligibility for any form of public assistance; (5) create a legal or equitable interest in favor of the designated beneficiary; or (6) subject the property to claims or process of a creditor of the designated beneficiary. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 464.

(a) Except as otherwise provided in this section: (i) the transfer on death deed; (ii) the anti-lapse provisions of section 21 of title 15; (iii) the revoca21 of title 15 provisions of section 87 of this title; (iv) the doctrine of revocation by homicide as provided in the common law; (v) the simultaneous death provisions of section 88 of this title; or (vi) the elective share provisions of section 10 of this title, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death: (1) Subject to paragraph (2), the interest in the property is transferred to the designated beneficiary in accordance with the deed. (2) The interest of a designated beneficiary is contingent on the designated beneficiary's surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses. Subject to subsection (a)(iv) of this section, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship. If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently. (b) Subject to title 28, chapter 7, Virgin Islands Code, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this subsection and title 28, chapter 7, Virgin Islands Code, the recording of the transfer on death deed is deemed to have occurred at the transferor's death. (c) If a transferor is a joint owner and is: (1) survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or (2) the last surviving joint owner, the transfer on death deed is effective. (d) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 464, 465.

A beneficiary may disclaim all or part of the beneficiary's interest as provided by subchapter IV of this chapter. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 465.

A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in section 352 of this title. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 466.

The following form may be used to create a transfer on death deed. The other sections of this subchapter govern the effect of this or any other instrument used to create a transfer on death deed: (front of form) REVOCABLE TRANSFER ON DEATH DEED NOTICE TO OWNER You should carefully read all information on the other side of this form. You May Want to Consult a Lawyer Before Using This Form. This form must be recorded before your death, or it will not be effective. IDENTIFYING INFORMATION Owner(s) Making This Deed: Printed name Mailing address __________________ __________________ Legal description of the property: ____________________ PRIMARY BENEFICIARY I designate the following beneficiary if the beneficiary survives me. Printed name Mailing address, if available __________________ _____________________ ALTERNATE BENEFICIARY Optional If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me. Printed name Mailing address, if available ___________________ _____________________ TRANSFER ON DEATH At my death, I transfer my interest in the described property to the beneficiaries as designated above. Before my death, I have the right to revoke this deed. SIGNATURE OF OWNER(S) MAKING THIS DEED Signature (SEAL) Date _____________________ ________________ ACKNOWLEDGMENT (insert acknowledgment for deed here) (back of form) COMMON QUESTIONS ABOUT THE USE OF THIS FORM What does the Transfer on Death (TOD) deed do? When you die, this deed transfers the described property, subject to any liens or mortgages (or other encumbrances) on the property at your death. Probate is not required. The TOD deed has no effect until you die. You can revoke it at any time. You are also free to transfer the property to someone else during your lifetime. If you do not own any interest in the property when you die, this deed will have no effect. How do I make a TOD deed? Complete this form. Have it acknowledged before a notary public or other individual authorized by law to take acknowledgments. Record the form in the district where the property is located. The form has no effect unless it is acknowledged and recorded before your death. Is the "legal description" of the property necessary? Yes. How do I find the "legal description" of the property? This information may be on the deed you received when you became an owner of the property. This information may also be available in the Office of the Recorder of Deeds for the district where the property is located. If you are not absolutely sure, consult a lawyer. Can I change my mind before I record the TOD deed? Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the deed. How do I "record" the TOD deed? Take the completed and acknowledged form to the Office of the Recorder of Deeds for the District where the property is located. Follow the instructions given by the Recorder of Deeds to make the form part of the official property records. Can I later revoke the TOD deed if I change my mind? Yes. You can revoke the TOD deed. No one, including the beneficiaries, can prevent you from revoking the deed. How do I revoke the TOD deed after it is recorded? There are three ways to revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form and record it with the Recorder of Deeds in the District where the property is located. (2) Complete and acknowledge a new TOD deed that disposes of the same property and record it in the District where the property is located. (3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD deed by will. I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer. Do I need to tell the beneficiaries about the TOD deed? No, but it is recommended. Secrecy can cause later complications and might make it easier for others to commit fraud. ACKNOWLEDGMENT (insert acknowledgment here) (back of form) COMMON QUESTIONS ABOUT THE USE OF THIS FORM How do I use this form to revoke a Transfer on Death (TOD) deed? Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the Office of the Recorder of Deeds for the district where the property is located. The form must be acknowledged and recorded before your death or it has no effect. How do I find the "legal description" of the property? This information may be on the TOD deed. It may also be available in the Office of the Recorder of Deeds for the district where the property is located. If you are not absolutely sure, consult a lawyer. How do I "record" the form? Take the completed and acknowledged form to the Office of the Recorder of Deeds for the district where the property is located. Follow the instructions given by the Recorder of Deeds to make the form part of the official property records. I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer. I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, consult a lawyer. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 466-468.

In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states and territories that enact it. History: Added Apr. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 469.

(a) Short title. This subchapter may be cited as The Virgin Islands Uniform Disclaimer of Property Interests Act. (b) Definitions. In this subchapter: (1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. (2) "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made. (3) "Disclaimer" means the refusal to accept an interest in or power over property. (4) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person. (5) "Jointly held property" means property in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. (6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation or any legal or commercial entity. (7) "State" means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a State. (8) "Trust" means: (A) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and (B) a trust created pursuant to a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust. (c) Scope. This subchapter applies to disclaimers of any interest in or power over property, whenever created. (d) Subchapter supplemented by other law. Unless displaced by a provision of this subchapter the principles of law and equity supplement this subchapter. This subchapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this subchapter. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 469, 470.

(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. (b) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of the Virgin Islands or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim. (c) To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in section 219. In this subsection: (1) "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (2) "signed" means, with present intent to authenticate or adopt a record, to; (A) execute or adopt a tangible symbol; or (B) attach to or logically associate with the record an electronic sound, symbol, or process. (d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property. (e) A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 219 or when it becomes effective as provided in sections 213 through 219, whichever occurs later. (f) A disclaimer made under this subchapter is not a transfer, assignment, or release. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 470, 471.

(a) In this section: (1) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (2) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment. (b) Except for a disclaimer governed by section 214 or 215, the following rules apply to a disclaimer of an interest in property: (1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable, or, if the interest arose under the law of intestate succession, as of the time of the intestate's death. (2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general. (3) If the instrument does not contain a provision described in paragraph (paragraph (2)wing rules apply: (A) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist. (B) If the disclaimant is an individual, except as otherwise provided in subparagraphs (C) and (D), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. (C) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution. (D) If the disclaimed interest would pass to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including, the Virgin Islands, but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died at the time of distribution. However, if the transferor's surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution. (4) Upon the disclaimer of a preceding interest, a future interest held by a person than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 471, 472.

(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (1) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or (2) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant. (b) A disclaimer under subsection (a) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates. (c) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 472.

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 472.

Fiduciary Capacity If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power. (3) The instrument creating the power is construed as if the power expired when the disclaimer became effective. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 472, 473.

of Power of Appointment (a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (b) A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 473.

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power. (c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 473.

(a) In this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of: (1) an annuity or insurance policy; (2) an account with a designation for payment on death; (3) a security registered in beneficiary form; (4) a pension, profit-sharing, retirement, or other employment-related benefit plan; or (5) any other nonprobate transfer at death. (b) Subject to subsections (c) through (l), delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method likely to result in its receipt. (c) In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust: (1) a disclaimer must be delivered to the personal representative of the decedent's estate; or (2) if no personal representative is then serving, it must be filed with a court having jurisdiction to appoint the personal representative. (d) In the case of an interest in a testamentary trust: (1) a disclaimer must be delivered to trustee then serving, or if no trustee is then serving, to the personal representative of the decedent's estate; or (2) if no personal representative is serving, it must be filed with a court having jurisdiction to enforce the trust. (e) In the case of an interest in an inter vivos trust: (1) a disclaimer must be delivered to the trustee then serving; (2) if no trustee is then serving, it must be filed with a court having jurisdiction to enforce the trust; or (3) if the disclaimer is made before the time the instrument creating the trust becomes irrevocable, it must be delivered to the settlor of a revocable trust or the transferor of the interest. (f) In the case of an interest created by a beneficiary designation made before the time the designation becomes irrevocable, a disclaimer must be delivered to the person making the beneficiary designation. (g) In the case of an interest created by a beneficiary designation made after the time the designation becomes irrevocable, a disclaimer must be delivered to the person obligated to distribute the interest. (h) In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer must be delivered to the person to whom the disclaimed interest passes. (i) In the case of a disclaimer by an object or taker in default of exercise of a power of appointment at any time after the power was created: (1) the disclaimer must be delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or (2) if no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary. (j) In the case of a disclaimer by an appointee of a nonfiduciary power of appointment: (1) the disclaimer must be delivered to the holder, the personal representative of the holder's or to the fiduciary under the instrument that created the power; or (2) if no fiduciary is then serving, it must be filed with a court having authority to appoint the fiduciary. (k) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the disclaimer must be delivered as provided in subsection (c), (d), or (e), as if the power disclaimed were an interest in property. (l) In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal's representative. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 473-475.

(a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) the disclaimant accepts the interest sought to be disclaimed; (2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or (3) a judicial sale of the interest sought to be disclaimed occurs. (c) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise. (d) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant. (e) A disclaimer is barred or limited if so provided by law other than this subchapter. (f) A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this subchapter had the disclaimer not been barred. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 475.

Notwithstanding any other provision of this subchapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of title 26 of the United States Code, or any successor statute thereto, and the regulations promulgated that statute, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this subchapter History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 475, 476.

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 476.

Except as otherwise provided in section 220, an interest in or power over property existing on the effective date of this subchapter as to which the time for delivering or filing a disclaimer under law superseded by this subchapter has not expired may be disclaimed after the effective date of this subchapter. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 476.

Proof of a will shall be taken- (1) when the testator, at or immediately before his death, was an inhabitant of the Virgin Islands and leaves assets therein; (2) when the testator, not being an inhabitant of the Virgin Islands, shall have died in the Virgin Islands leaving assets therein; (3) when the testator, not being an inhabitant of the Virgin Islands, shall have died out of the Virgin Islands, leaving assets in the Virgin Islands; or (4) when the testator, not being an inhabitant of the Virgin Islands, shall have died out of the Virgin Islands not leaving assets therein, but where assets thereafter came into the Virgin Islands. Cite as: 15 V.I.C. § 231 v2

In an application to prove a will or for the appointment of an executor or administrator, the petition shall set forth the facts necessary to give the court jurisdiction, and the names, age, and residence, so far as known of his heirs. In the case of an application for the appointment of an executor or administrator, the application shall also state whether or not the deceased left a will. Cite as: 15 V.I.C. § 232 v2

If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable. History: Added Jan. 17, 2019, No. 8169, Chapter I, § 1, Sess. L. 2018, p. 476.

If all the persons named in a will as executors decline to accept or are disqualified, letters of administration with the will annexed shall be issued to the person to whom the administration would have been granted if there had been no will.

(a) The following persons are not qualified to act as executors or administrators: nonresidents of the Virgin Islands, minors, judicial officers of the district court, persons of unsound mind, or who have been convicted of any felony or of a misdemeanor involving moral turpitude: Provided, however, That the term "nonresident" as used in this section shall not be construed to include a foreign bank which has a branch or branches established in the Virgin Islands, or national banking associations, as those institutions are defined by section 1 of Title 9. (b) A person named in a will as executor who is a nonresident of the Virgin Islands or a minor is entitled to qualify as executor upon removal of such disability, if he applies therefore within thirty days from the removal of such disability, if otherwise competent. (c) Notwithstanding the provisions of subsection (a) of this section, a nonresident of the Virgin Islands named in a will as executor may be appointed to act as such executor provided: (1) he otherwise qualifies under said subsection (a); (2) he files such bond as may be required and approved by the court; and (3) he appoints an agent or attorney resident in the Virgin Islands upon whom service of all papers may be made, such appointment to be in writing and filed by the clerk with other papers in such estate. History: Amended Oct. 5, 1959, No. 497, § 11, Sess. L. 1959, p. 185; Mar. 10, 1965, No. 1332, Sess. L. 1965, Pt. I, p. 51.

(a) Administration of the estate of an intestate shall be granted and letters thereof issued, to- (1) the widow or next of kin, or both, in the discretion of the court; (2) one or more of the principal creditors; or (3) any other person competent and qualified whom the court may select. (b) The persons named in the clauses of subsection (a) of this section, if qualified and competent for the trust, shall be entitled to the administration in the order therein named. If those named in clause (1) of such subsection do not apply for the administration within thirty days from the decease of the intestate, they shall be deemed to have renounced their right thereto; but the court in its discretion may direct that a citation issue to them, requiring them within such period to apply for or renounce their right of administration. If the persons named in clause (2) of such subsection do not make such application within forty days from such decease, they shall be deemed to have renounced their right to the administration.

If the deceased was a married woman, the administration of her estate shall in all cases be granted to her husband, if he is qualified and competent for the trust and applies therefor within thirty days from her decease, unless by force of a marriage settlement or otherwise she has made some testamentary disposition of her property which renders it necessary and proper to grant the administration to some other person.

When for any reason there is a delay in issuing letters testamentary or of administration, and the property of the deceased is in danger of being lost, injured, or depreciated, the court may appoint a special administrator to take charge of the estate. Such administrator shall qualify in like manner and have the powers and perform the duties of an administrator generally, except that he is not authorized to pay the debts of or otherwise discharge any obligation against the deceased. Upon the issuing of letters testamentary or of administration, the powers of the special administrator cease.

(a) No executor or administrator may act as such until he files with the court an undertaking in a sum to be determined by the court of not less than the probable value of the estate with one or more sufficient sureties, to be approved by the court, to be void upon condition that he shall faithfully perform the duties of his trust according to law. However, when by the terms of the will a testator expressly declares that no bond shall be required of his executor, such executor may act upon taking an oath to faithfully fulfill his trust without filing the undertaking in this section mentioned. In addition, in the discretion of the court an executor may be permitted to act without bond also upon taking an oath to faithfully fulfill his trust without filing the undertaking in this section mentioned. Such executor or administrator shall be criminally and civilly liable as other executors and administrators for any dereliction of duty. (b) Whenever the penal sum mentioned in the undertaking prescribed in subsection (a) of this section exceeds $2,000, three or more sureties may become severally liable for portions of the sums if the aggregate sum for which such sureties became liable equals the penal sum required in the undertaking. Where the probable value of the estate is not more than $2,000, the court may, if in its opinion the persons interested in the estate will not be injured thereby, authorize the executor or administrator to file his own undertaking without sureties. (c) Whenever the amount of an executor's or administrator's undertaking is insufficient, or the sureties therein, or either of them, have become nonresidents of this territory, or are likely to or have become insolvent, the executor or administrator shall be required to give a new and sufficient undertaking. The application for such new undertaking may be made by any heir, legatee, devisee, creditor, or other person interested in the estate, and in the manner prescribed in section 240(b) of this title for the removal of executors and administrators. (d) Any new undertaking required under subsection (c) of this section, when given and received, shall discharge the sureties in the former undertaking from any liabilities on account of their principal arising from his acts or omissions subsequent thereto. When a new undertaking is ordered, if the executor or administrator fails to comply therewith within five days from the entry thereof, or such further time as the order may prescribe, thenceforward his authority shall cease, and he shall be deemed removed and his letters revoked. History: Amended July 7, 1981, No. 4578, Sess. L. 1981, p. 73.

(a) If, after administration has been granted upon an estate, a will of the deceased be found and proved, the letters of administration shall be revoked and letters testamentary or of administration with the will annexed shall be issued; and if, after a will has been proven and letters testamentary or of administration with the will annexed have been issued thereon, the will is set aside, declared void or inoperative, such letters shall be revoked and letters of administration issued. (b) Any heir, legatee, devisee, creditor, or other person interested in the estate may apply for the removal of an executor or administrator who has become of unsound mind or been convicted of any felony or a misdemeanor involving moral turpitude, or who has in any way been unfaithful to or neglectful of his trust, to the probable loss of the applicant. The application shall be by petition and upon notice to the executor or administrator, and if the court finds the charge to be true it shall make an order removing the executor or administrator, and revoke his letters. (c) Whenever it appears probable to the court that any of the causes for removal of an executor or administrator exist or have transpired, as specified in subsection (b) of this section, the court shall cite the executor or administrator to appear and show cause why he should not be removed, and if he fails to appear or show sufficient cause an order shall be made removing him and revoking his letters; and the court shall exercise a supervisory control over the executor or administrator, to the end that he faithfully and diligently perform the duties of his trust according to law. (d) If any executor or an administrator becomes a nonresident of this territory, he may be removed and his letters revoked in the manner prescribed in subsection (b) of this section, except that the notice may be given by publication or posting for such time as the court directs. (e) If a nonresident or minor qualifies as executor upon becoming a resident or reaching majority and if, in the meantime, an administrator with the will annexed has been appointed, his powers and duties cease with the qualification of such executor; but if another executor has qualified and is acting as such they thereby become joint executors.

(a) The court in its discretion, may allow an executor or administrator to resign when it appears that the executor or administrator is not in default in any matter connected with the duties of his trust. The executor or administrator shall pay the cost of the proceeding, and, if the application is allowed, he shall surrender his letters to be cancelled, and his powers as such shall cease from that time forward. (b) Whenever an executor or administrator dies, resigns, or is removed, if there is a coexecutor or coadministrator, he shall thenceforward exercise the powers and perform the duties of the trust; and if all the executors or administrators die, resign, or are removed, administration of the estate remaining unadministered shall be granted to those next entitled, if they are competent and qualified. (c) The surviving or remaining executor or administrator, or the new administrator, as the case may be, is entitled to the exclusive administration of the estate, and for that purpose may maintain any necessary and proper action or proceeding on account thereof against the executor or administrator who has ceased to act, or against his sureties or representatives.

The executor or administrator of a deceased person who was a member of a partnership shall include in the inventory of the estate, in a separate schedule, the whole of the property of the partnership; and the appraisers shall estimate the value thereof and also the value of the deceased person's individual interest in the partnership property after the payment or satisfaction of all the debts and liabilities of the partnership.

After the inventory referred to in section 271 of this title is taken the partnership property shall be in the custody and control of the executor or administrator for the purpose of administration, unless the surviving partner shall, within five days from the filing of the inventory, or such further time as the court may allow, apply for the administration thereof and give the undertaking therefor hereinafter prescribed.

The undertaking of the administrator of a partnership shall be in a sum not less than the value of the partnership property and shall be given in the same manner and be to the same effect as the undertaking of a general administrator.

If the surviving partner apply therefor, as provided in section 272 of this title, he is entitled to the administration of the partnership estate if he has the qualifications and competency required for a general administrator. He is denominated an administrator of the partnership, and his powers and duties extend to the settlement of the partnership business generally and the payment or transfer of the interest of the deceased in the partnership property remaining after the payment or satisfaction of the debts and liabilities of the partnership to the executor or general administrator within six months from the date of his appointment, or such further time, if necessary, as the court may allow. In the exercise of his powers and the performance of his duties the administrator of the partnership is subject to the same limitations and liabilities and control and jurisdiction of the court as a general administrator.

In case the surviving partner is not appointed administrator of the partnership, the administration thereof devolves upon the executor or general administrator. Before entering upon the duties of the administration, the executor or general administrator shall give an additional undertaking in the value of the partnership property.

(a) Every surviving partner, on the demand of an executor or administrator of a deceased partner, shall exhibit and give information concerning the property of the partnership at the time of the death of the deceased partner, so that the same may be correctly inventoried and appraised; and in case the administration thereof devolves upon the executor or administrator, the survivor shall deliver or transfer to him on demand all the property of the partnership, including all books, papers, and documents pertaining to the same, and shall afford him all reasonable information and facilities for the performance of the duties of his trust. (b) Any surviving partner who refuses or neglects to comply with the requirements of subsection (a) of this section may be cited to appear before the court and unless he shows cause to the contrary the court shall require him to comply with such subsection in the particular complained of.

The executor or administrator is entitled to the possession and control of the property of the deceased both real and personal and to receive the rents and profits thereof until the administration is completed, or the same is surrendered to the heirs or devisees by order of the court; but where such property, or any portion thereof, is in the possession of a third person, by virtue of a valid subsisting lease or bailment, the possession and control of the executor or administrator is subordinate to the right of the lessee or bailee. During the time the property is in the possession or control of the executor or administrator, he shall keep the same in repair and preserve it from loss or decay as far as possible.

An executor or administrator shall within one month from the date of his appointment, or such further time as the court may allow, make and file with the clerk of the court an inventory, verified by his oath, of all the real and personal property of the deceased which comes to his possession or knowledge.

The inventory referred to in section 312 of this title shall contain an account of all money belonging to the deceased, or a statement that none has come to the possession or knowledge of the executor or administrator. It shall also contain a statement of all debts due the deceased, the written evidence thereof, and the security therefor, if any exists, specifying the name of each debtor, the date of each written evidence of debt, the security therefor, the sum originally payable, the indorsements thereon, if any, and their dates, and the sum appearing then to be due thereon.

(a) Before the inventory referred to in section 312 of this title is filed, the property therein specified which is in this territory shall be appraised at its true cash value by two disinterested and competent persons, who shall be appointed by the court. (b) Before making the appraisement, the appraisers shall each make and subscribe an affidavit, to be filed with the inventory, to the effect that he will honestly and impartially appraise the property which is exhibited to him according to the best of his knowledge and ability. (c) The appraisers shall appraise each article of property separately and set down the value thereof in dollars and cents opposite the entry of the article in the inventory. Money, of whatever nature, that is a legal tender is to be appraised at its nominal value; but debts of all descriptions or kinds are to be appraised at that sum which, in the judgment of the appraisers, may be realized from them by due process of law. When the appraisement is completed, the inventory shall be signed by the appraisers.

The naming of any one as executor in a will shall not operate to discharge such executor from any claim which the testator had against him, but the claim shall be included in the inventory. If the person so named afterwards takes upon himself the administration of the estate, he shall be liable for such sum as for so much money in his hands at the time the claim became due and payable; otherwise he is liable for such claim as any other debtor of the deceased.

The discharge or bequest in a will of any claim of the testator against a person named as executor therein, or against any other person, shall, as against the creditors of the deceased, be invalid. Such claim shall be included in the inventory, and for all purposes of administration is to be deemed and treated as a specific legacy of that amount.

If, after the filing of the inventory, property not mentioned therein shall come to the knowledge or possession of the executor or administrator, he shall immediately make an inventory thereof and cause the same to be appraised in the manner prescribed in this chapter and file the same with the clerk of the court.

(a) Whenever it appears probable from the affidavit of an executor or administrator, or of an heir or other person interested in the estate, that any person has concealed or in any way secreted or disposed of any property of the estate, or any writing relating or pertaining thereto, or that such person has knowledge of any such property or writing being so concealed, secreted or disposed of, and refuses to disclose the same to the executor or administrator, the court upon the application of such executor or administrator, may cite such person to appear and answer under oath concerning the matter charged. (b) Such examination may be oral or upon written interrogatories filed by the applicant, but in either case the answers of the person cited shall be reduced to writing and subscribed by him and filed. (c) If the person so cited refuses to appear or answer such interrogatories as may be allowed to be put to him touching the matter charged, he may be punished for a contempt or may at once be committed, by the warrant of the judge, to jail, there to remain in close custody until he submits to the order of the court.

The court, upon the application of the executor or administrator, may cite any person who has been intrusted with any of the property of the deceased to appear and answer concerning the same when it appears probable that such person refuses or neglects to render to the executor or administrator a true account thereof. The application shall be made and the proceeding conducted in a manner prescribed in section 318 of this title.

If any person, before administration is granted, embezzles, aliens, or in any way converts to his own use any of the property of a deceased person, he shall be liable to the executor or administrator in double the amount of damages which may be assessed.

Until administration of the estate has been granted and the inventory filed, the widow and minor children of the deceased are entitled to remain in possession of the homestead, of all the wearing apparel of the family, and of all the household furniture of the deceased. They are also entitled to have a reasonable provision allowed for their support during such period, to be allowed by the court.

Upon the filing of the inventory, the court shall make an order setting apart for the widow or minor children of the deceased, if any, all the property of the estate by law exempt from execution. The property thus set apart, if there be a widow, is her property, to be used or expended by her in the maintenance of herself and minor children, if any; or if there be no widow, it is the property of the minor child or, if more than one, of the minor children, in equal shares, to be used and expended in the nurture and education of such child or children by the guardian thereof as the law directs.

If the property set apart as provided in section 352 of this title is insufficient for the support of the widow and minor children, according to their circumstances and condition in life, for one year after the filing of the inventory, the court may order that the executor or administrator pay to such widow, if any, and if not, then to the guardian of such minor children, an amount sufficient for that purpose.

If, from the inventory of an intestate's estate, who died leaving a widow or minor children, it appears that the value of the estate does not exceed property exempt from execution, upon the filing of the inventory the court shall make an order providing that the whole of the estate, after the payment of funeral expenses and expenses of administration, be set apart for such widow or minor children in like manner, and with like effect as in case of property exempt from execution. There shall be no further proceeding in the administration of such estate unless further property is discovered.

If an intestate leaves neither widow nor minor children, all the property of the estate is assets in the hands of the administrator, for the payment of funeral expenses, expenses of administration, payment of the debts of the deceased, or distribution according to law.

A widow may remain in the dwelling house of her husband one year after his death without being chargeable with the rent therefor, and shall have reasonable sustenance out of the estate for one year.

Every executor or administrator shall, immediately after his appointment, publish a notice thereof in some newspaper published in this territory, as may be designated by the court, as often as once a week for four successive weeks, and oftener if the court so directs. The executor or administrator shall also post a notice in at least three public places, to be designated by the court in its order, one of which shall be at or immediately adjacent to the post office nearest the residence of the decedent at the time of his death. Such notice shall require all persons having claims against the estate to present them, with the proper vouchers, within six months from the date of the notice, to the executor or administrator, at a place within this territory therein specified.

Before the expiration of the six months mentioned in section 391 of this title, a copy of the notice as published, with the proper proof of publication, shall be filed with the court. A claim not presented within six months after the first publication of the notice is not barred, but it shall not be paid until the claims presented within that period have been satisfied, and if the claim is not then due, or if contingent, it shall nevertheless be presented as any other claim. Until the administration has been completed, a claim against the estate not barred by the statute of limitations may be presented, allowed, and paid out of any assets then in the hands of the executor or administrator not otherwise appropriated or liable.

Every claim presented to the executor or administrator shall be verified by the affidavit of the claimant, or some one on his behalf who has personal knowledge of the facts, to the effect that the amount claimed is justly due; that no payments have been made thereon, except as stated; and that there is no just counterclaim to the same, to the knowledge of the affiant. When it appears or is alleged that there is any written evidence of such claim the same may be demanded by the executor or administrator, or he may demand that its nonproduction be accounted for.

When a claim is presented to the executor or administrator, as prescribed in section 393 of this title, if he is satisfied that the claim thus presented is just, he shall indorse upon it the words "Examined and approved", with the date thereof, and sign the same officially, and shall pay such claim in due course of administration. If he is not so satisfied he shall indorse thereon the words "Examined and rejected", with the date thereof, and sign the same officially. Every executor or administrator shall keep a list of all demands legally exhibited against the estate of the testator or intestate, and shall every three months file with the court a statement of all such claims as have been presented, and whether the same have been allowed or rejected by him.

If any executor or administrator refuses to allow any claim or demand against the deceased after it has been exhibited to him in accordance with the provisions of this subchapter, the claimant may present his claim to the court or the judge thereof for allowance, giving the executor or administrator thirty days' notice of such application to the court. The district court shall hear and determine in a summary manner all demands against any estate in accordance with the provisions of this chapter, and which have been so rejected by the executor or administrator, and shall cause a concise entry of the order of allowance or rejection to be made on the record. The order shall have the force and effect of a judgment, from which an appeal may be taken as in ordinary cases. No claim which has been rejected by the executor or administrator as aforesaid shall be allowed by the court, except upon some competent or satisfactory evidence other than the testimony of the claimant. No claim shall be allowed by the executor or administrator or the district court which is barred by the statute of limitations.

The effect of a judgment against an executor or administrator on account of a claim against the estate of his testator or intestate, is only to establish the claim as if it had been allowed by him, so as to require it to be satisfied in due course of administration, unless it appears that the complaint alleged assets in his hands applicable to the satisfaction of such claim and that such allegation was admitted or found to be true, in which case the judgment may be enforced against the executor or administrator personally.

A claim established by judgment against the deceased in his lifetime need not be verified by affidavit, but it is sufficient to present a certified copy of the judgment to the executor or administrator for allowance or rejection, as in other cases. This section does not prevent an execution from being issued upon such judgment as elsewhere provided in this Code.

If the executor or administrator is himself a creditor of the testator or intestate, his claim, duly verified, may be presented to the court for allowance or rejection. The allowance of the claim by the court does not preclude a creditor, heir, or other person interested in the estate in any action or proceeding between such executor or administrator and such creditor, heir or other person.

(a) The charges and claims against the estate which have been presented and allowed, or presented and disallowed but subsequently established by judgment, within the first three months after the date of the notice of appointment of the executor or administrator, shall be paid in the order set forth below. Those presented and allowed or established in like manner with each succeeding period of three months thereafter during the continuance of the administration shall be paid in the same manner. (1) Funeral charges. (2) Taxes of whatever nature. (3) Expenses of last sickness. (4) Debts preferred by the law. (5) Debts which at the death of the deceased were a lien upon his property or any right or interest therein according to the priority of their several liens. (6) Debts due employees of decedent for wages earned within the ninety days immediately preceding the death of the decedent. (7) All other claims against the estate. (b) The preference given by item (5) in subsection (a) of this section shall extend only to the proceeds of the property upon which the lien exists and as to such proceeds such debts are to be preferred to any of the classes mentioned in such subsection other than the taxes upon such property. (c) The executor or administrator may retain in his hands in preference to any claim or charge against the estate, the amount of his own compensation and the necessary expenses of administration.

If a debt has been established by judgment against the deceased in his lifetime, the judgment, if the proceeds of the personal property are not sufficient to satisfy it, may, in the discretion of the court, be either satisfied from the proceeds of the sale of the property by the executor or administrator upon which it is a lien, or enforced by execution against such property. The sale by the executor or administrator discharges the property from the lien of the judgment but the lien attaches to the proceeds thereof, after deduction of the expenses of sale.

Except as specifically provided in sections 421 and 422 of this title, if the estate is insufficient to pay all the claims and charges of any one class, payable within any period of three months during the administration as provided in section 421(a) of this title, each creditor of such class shall be paid in proportion to the amount of his claim, and not otherwise.

The executor named in the will, or if there is none, or if he fails to act, then the husband, widow, or next of kin, in the order named, may incur funeral charges on account of the estate in the burial of the deceased before administration of the estate is granted, and the burial of the deceased may be in a manner and at a cost according to his circumstances and condition in life. No funeral charges except those necessary to give the deceased a plain and decent burial, shall be allowed out of the estate where the assets are not sufficient to satisfy all other claims against it, including the legacies and devises, if any.

A debt due and payable is not entitled to preference over one of the same class not due if the latter is presented within the same period. A debt not due, whether contingent or absolute, upon being presented shall, if absolute, be satisfied by the payment of such sum as the court may prescribe by order to be equal to its present value, and if contingent, by the payment into court for the benefit of the creditor, subject to the contingency, of a sum, to be ascertained in like manner, equal to its present value.

When, upon the filing of a quarterly account, an order is made determining and prescribing the amount of assets applicable to the claims then presented, as provided in section 563 of this title, the executor or administrator is thereafter personally liable to each creditor included in the order for such amount.

If all the charges and claims shall have been satisfied upon the first distribution of the assets or as soon thereafter as they may be, the court shall direct the payment of legacies and the distribution of the remaining proceeds of the personal property among the heirs or other persons entitled thereto.

Except as provided in section 41 of this title, the real property of the deceased is the property of those to whom it descends by law or is devised by will, subject to the possession of the executor or administrator, and to be applied to the satisfaction of claims against the estate, as by this chapter provided. Upon the settlement of the estate and the termination of the administration thereof so much of such real property as remains unsold or unappropriated is discharged from such possession and liability without any order therefor. But if there is any surplus of the proceeds of sale of such real property or any part thereof, the court shall order and direct a distribution of such surplus among those who would have been entitled to the land if the same had not been sold.

Devised Where real property, subject to a mortgage executed by any ancestor or testator, or subject to any other charge, including a lien for unpaid purchase money, descends to a distributee, or passes to a devisee, such distributee or devisee must satisfy and discharge the mortgage or other charge out of his own property, without resorting to the executor or administrator of his ancestor or testator, unless there be an express direction in the will of such testator, that such mortgage or other charge be otherwise paid.

Notwithstanding any other law to the contrary, no interest or penalty shall accrue on real property taxes during the time that the real property for which the taxes are owed is involved in probate proceedings. History: Added May 29, 1998, No. 6235, § 2, Sess. L. 1998, p. 354.

At any time after the filing of the first quarterly account, any heir, devisee, or legatee may apply to the court by petition for an order that he have the possession and rents and profits of the portion of the real property to which he may be entitled and that payment be made to him of his legacy or distributive share of the personal property of such estate, as the case may be.

Notice of the application referred to in section 451 of this title shall be given to the executor or administrator thirty days before the time at which it is made.

(a) If, upon the hearing of the application referred to in section 451 of this title, it appears that the estate is but little in debt, the court may, in its discretion, grant the petition or some part thereof upon the condition that the applicant file with the court within a time in the order specified, an undertaking, with one or more sufficient sureties, for the benefit of whom it may concern, in sum double the value of such real property, legacy, or distributive share, to be void upon the condition that such heir, legatee, or devisee will pay, when required, his portion toward satisfying any claim against the estate. (b) The sureties in such undertaking shall have the same qualifications as sureties in bail upon arrest, and shall justify in like manner. The costs of the proceeding shall be paid by the applicant.

(a) If, after the giving of the undertaking referred to in section 453 of this title, it becomes necessary, in order to satisfy any claim against the estate, to require the payment of all or any part of the sum herein specified, the executor or administrator shall apply by petition to the court for a decree to that effect. Notice of the application shall be given to the party filing undertaking twenty days before the time at which the application is made. (b) If, upon the hearing, it appears necessary and proper that such payment referred to in subsection (a) of this section should be made, the court shall decree accordingly, specifying therein the amount to be paid and within what time. If the amount is not paid within the time specified, the decree may be enforced against such party and the sureties in the undertaking by execution, in the same manner as a judgment in the district court.

No sale of the property of a decedent's estate is valid unless made by order of the district court, as in this chapter prescribed, or unless otherwise authorized by law or the decedent's will. The application for an order of sale shall be the petition of the executor or administrator and in case of real property a citation to the heirs and others interested in such property.

(a) Upon the filing of the inventory the executor or administrator may make an application to sell the personal property of the estate for the purpose of paying the funeral charges, expenses of administration, the claims, if any, against the estate, and for the purposes of distribution. The court shall grant such order if, in its judgment, it is for the best interest of the estate, and shall direct and prescribe the terms of sale upon which the property shall be sold, whether for cash or on credit. (b) If any articles of personal property have been specially bequeathed, they are to be exempt from the operation of the order of sale so long as any property of the estate not specially devised or bequeathed remains unsold or appropriated to the purpose specified in subsection (a) of this section. (c) When a testator has specially bequeathed any specific article of personal property, or given any legacy by will, and there is not sufficient personal property, besides such specific article or the value of such legacy, to pay the funeral charges, expenses of administration, and claims against the estate, the executor or administrator shall obtain an order to sell the real property sufficient to make up the delinquency, in the manner provided in this chapter. (d) When the proceeds of the sale of personal property have been exhausted, and the charges, expenses, and claims specified in subsection (a) of this section, have not all been satisfied, the executor or administrator shall sell the real property of the estate, or so much thereof as may be necessary for that purpose. If any of such real property has been specially devised, it shall be exempt from the operation of the order of sale in the same manner as personal property specially bequeathed.

The property, real and personal, given by the will to any devisee or legatee, is liable for the payment of the funeral charges, expenses of administration, and of claims against the estate. If there is more than one devisee or legatee, such liability is in proportion to the value or amount of the several devises and legacies, except that specific devises and legacies shall be exempt from such liability if such appears to have been the intention of the testator and there is other sufficient property to satisfy the charges, expenses, and claims.

(a) Upon issuance by the court of the order prescribed in section 492(a) of this title, the executor or administrator shall sell such personal property from time to time for the purpose specified in such section 492, and as often and as much thereof as may be necessary. Such sale shall be conducted in the same manner as a sale of personal property on execution, unless otherwise provided in this chapter. (b) If, upon the application for an order of sale, or upon a subsequent application for that purpose, it appears to the court that it would be for the interest of the estate, it may order that the executor or administrator may sell all the personal property of the estate or any article thereof at private sale.

(a) The petition for an order of sale of real property shall state the amount of the sales of personal property, the charges, expenses, and claims still unsatisfied, so far as the same can be ascertained, a description of the real property of the estate, the condition and probable value of the different portions or lots thereof, the amount and nature of any liens thereon, the names, ages, and residence of the devisees, if any, and of the heirs of the deceased, so far as known. (b) Upon the filing of the petition a citation shall issue to the devisees and heirs therein mentioned and to all others unknown, if any such there be, to appear at a time therein mentioned, not less than thirty days after the service of such citation, to show cause, if any exist, why an order of sale should not be made as in the petition prayed for.

Upon the heirs or devisees known and resident within the Virgin Islands the citation referred to in section 495(b) of this title shall be served and returned as a summons, and upon an heir or devisee unknown or non-resident it may be served by publication or posting, or both, for not less than four weeks, or for such further time as the court may prescribe. When service is had by posting, the citation shall be posted at not less than three public places within this territory, one of which shall be the post office nearest the place where the decedent resided at the time of his death. When service of the citation is made by publication or posting, there shall be given with it a brief description of the property described in the petition.

If, upon the hearing pursuant to sections 495 and 496 of this title, the court finds that it is necessary that the real property, or any portion thereof, should be sold it shall make the order accordingly, and prescribe the terms thereof, whether of cash or credit, or both. If such property can not be divided without probable injury and loss to the estate it may order that the property, or any specific lot or portion thereof, shall be sold wholly, whether otherwise necessary or not.

Upon the order of sale being made under section 497 of this title, the executor or administrator shall sell the property therein specified upon the terms directed and in the manner herein otherwise provided. Such sale shall be made in the same manner as like property is sold on execution. The court may, if thought best, order the property to be sold on the premises. When the sale is upon credit, the executor or administrator shall take the note of the purchaser for the purchase money, or such part thereof as is not required to be in cash, with a mortgage upon the property to secure the payment thereof.

(a) Within ten days after the sale of real property under section 499 of this title the executor or administrator shall make a return of his proceedings concerning the sale. Upon the return any of the persons cited to appear on the application for the order of sale may file his objections to the confirmation of the sale. (b) Upon the hearing the court shall confirm the sale and order that the executor or administrator make a conveyance to the purchaser, unless it appears that there were irregularities in the sale, or that the sum bid for the property is disproportionate to the value thereof, and that a sum exceeding such bid at least ten per centum, exclusive of the expenses of a new sale, may be obtained therefor, in either of which cases the court shall make an order vacating the sale and directing that the property be resold. Upon the second sale, the property, or any specific portion or lot thereof, ordered to be resold shall be sold as if no previous sale had taken place. In case no objections are made to the confirmation of the sale as provided in subsection (a) of this section, the court shall nevertheless examine the proceedings concerning the sale, and, if it appear proper, may make the order of resale provided for in this subsection in the same manner and with like effect as if objections had been filed thereto. When a resale of real estate is ordered, the court may, in its discretion, order the resale to be made either by public auction or by private sale. When the court orders a private sale the highest or best bidder at the auction shall be notified by the administrator in writing.

(a) A conveyance executed by an executor or administrator shall set forth the date of the order directing the sale, and the book, number thereof, and page containing the same, and the date of the order confirming the sale and directing the conveyance, and the book, number thereof, and page containing the same, and the title of the court making such orders, and shall operate to convey all the estate, right, and interest of the testator or intestate in the premises at the time of his death. (b) The order of confirmation of sale is conclusive as to the regularity of the sale and no further. All purchases of the property of the estate by an executor or administrator, however, made, whether directly or indirectly, are prohibited and if made are void.

Title; Limitation On Actions By Heirs When any real estate has been heretofore or shall be hereafter sold by any executor or administrator under or by virtue of an order of the district court and the sale shall have been approved by the district court and the purchaser shall have paid the purchase money for the same, and the sale shall have been made in good faith, in order to provide for payment of the claims against the estate, and the executor or administrator shall have failed or neglected to make or execute any deed conveying such real estate to such purchaser, or if from mistake or omission in the deed or defect in its execution the same shall be inoperative, and the period of five years shall have elapsed after the making of such sale, then in such case all such sales shall be, and are confirmed and approved, notwithstanding any irregularities or informalities in the proceedings prior to the sale. When such facts shall be made to appear in any action to quiet title to such real property against the heirs or their assigns of the deceased person whose property shall have been thus sold, then the court shall make its decree quieting such title and compelling and ordering conveyances of the same to be made to such purchaser, his heirs, or assigns, as if a valid contract to convey the real property had been made by such deceased person in his lifetime. No action shall be maintained by such heirs, or their heirs or assigns, to dispossess and such purchaser, his heirs or assigns, after the expiration of five years from any such sale.

(a) If the deceased was, at the time of his death, a party to a contract for the purchase of real property, his interest in the real property by virtue of the contract may be sold in the same manner as if the contract had been executed in the lifetime of the deceased, by a conveyance to him of such property according to the legal effect and terms of the contract. (b) If there are any payments due, or to become due, on such contract, to the vendor of the deceased, sale is made subject thereto. Before the sale can be confirmed or the contract assigned to the purchaser, the purchaser shall execute an undertaking, with one or more sureties, in an amount not less than double the value of all the payments then due or to become due, for the benefit of whom it may concern, to be void upon the condition that the purchaser will make all such payments according to the terms of the contract, and indemnify the executor or administrator or others whom it may concern against all damages, costs, and expenses by reason of any covenant or agreement contained in such contract. (c) The order of confirmation of the sale shall direct the executor or administrator to make an assignment of the contract to the purchaser, which assignment shall vest in the purchaser, his heirs and assigns, all the estate, right, and interest of the deceased at the time of his death in such real property and give to the purchaser the same rights and remedies against the vendor thereof as the deceased would have had or been entitled to if living.

(a) If the deceased left any property, real or personal, under mortgage, and did not devise or provide for the redemption of the same by will, the court, upon the application of the executor or administrator, or the application of an heir or creditor or other person interested in the estate, may order the executor or administrator to redeem the property out of the proceeds of the other personal property, if it appear that the redemption would be for the interest of the estate, and not prejudicial to creditors. (b) If the debt secured by the mortgage is not due at the time of the making of the order for redemption, the party to whom it is payable shall be entitled to receive in satisfaction thereof such sum as may be ascertained to be equal to the present value thereof.

(a) If, upon application, the redemption referred to in section 522 of this title is deemed inexpedient or not proper, the court shall order the mortgaged property to be sold in like manner and with like effect as is provided in other cases of the sale of real property by this chapter. The conveyance to the purchaser shall operate to convey to him all the estate, right, and interest which the deceased would have had in the property had not the same been mortgaged by him. (b) Ten days before making an order for the application of the proceeds of such sale, the mortgagee or other person to whom the debt which is secured by such mortgage is payable shall be cited to appear and show the amount of his debt, and make his objections, if any, to the report of the expenses of the proceeding and sale as claimed by the executor or administrator. Thereupon the court shall order that the proceeds of the sale be first applied to the payment of the proper expenses of the proceeding and sale, and secondly, to the satisfaction of such debt, and the residue, if any, in due course of administration. (c) If the debt secured by the mortgage is not due at the time of the making of the order for application of the proceeds of sale, the party to whom it is payable shall be entitled to receive in satisfaction thereof such sum as may be ascertained to be equal to the present value thereof.

Sections 523 and 524 of this title shall not be construed to apply to a mortgage which has been foreclosed, or upon which a suit has been commenced for foreclosure before the application for the order of redemption or sale is made, nor to any other lien arising upon judgment or decree given against the deceased in his lifetime.

(a) Whenever the assets of the estate are insufficient to satisfy the funeral charges, expenses of administration, and claims against the estate, and the deceased in his lifetime has made or suffered any conveyance, transfer, or sale of any property, real or personal, or any right or interest therein, with intent to delay, hinder, or defraud creditors, or when such conveyance, transfer, or sale has been so made or suffered that the same is void in law as against creditors, or when the deceased in his lifetime has suffered, consented or procured any judgment or decree to be given against him with such intent or in such manner as to be likewise void, the executor or administrator shall make application by petition to the court for leave to commence and prosecute to final judgment or decree the necessary and proper actions or proceedings to have the conveyance, transfer, sale, or judgment declared void, and the property affected thereby discharged from the effect thereof. (b) If upon the application it appears to the court that the assets are insufficient for the purposes specified in the subsection (a) of this section, and that it is probable that the conveyance, transfer, or judgment was made, suffered, consented to, or procured with the intent or in the manner specified in such subsection, it shall make the order directing the proceedings to be commenced and prosecuted as to any or all of the matters alleged in the petition and necessary to supply the deficiency in the assets. (c) The property recovered by means of any proceeding in pursuance of subsections (a) and (b) of this section shall be sold and appropriated to supply the deficiency mentioned in subsection (a) of this section in the same manner as other like property. The right to or interest in the surplus, if any, remains as if such proceeding had not been allowed or commenced.

An executor or administrator shall, within three months from the date of the notice of his appointment, and every three months thereafter until the administration is completed and he is discharged from his trust, render an account, verified by his own oath, and file the same with the court. The account shall show the amount of the money received and expended by him, from whom received and to whom paid, with the proper vouchers for such payments, the amount of the claims presented against the estate and allowed or disallowed and the name of the claimants of each, and any other matter necessary to show the condition of the affairs thereof.

An executor or administrator who fails to file an account, as required in section 561 of this title, may be required by a citation, or ordered by the court to appear and do so, either upon the application of an heir or creditor, or other person interested in the estate, or without it. If the executor or administrator refuses or neglects to appear when cited, or to file the account as required, he may be punished as for a contempt, or by warrant of the court be committed to jail until he consents to do so.

Within thirty days after the filing of the first quarterly account pursuant to section 561 of this title, and at each quarterly account thereafter, the court shall ascertain and determine if the estate is sufficient, after payment of funeral charges and expenses of administration, to satisfy the claims allowed by the executor or administrator, within the first three months or any succeeding period of three months thereafter, after the date of the notice of his appointment. If sufficient, it shall order payment of such claims. If the estate is insufficient for that purpose, it shall ascertain what per centum of such claims it is sufficient to satisfy, and order and direct accordingly.

(a) When the estate is fully administered the executor or administrator shall file his final account. Such account shall be verified and shall contain a detailed statement of the amount of money received and expended by him, from whom received and to whom paid, and refer to the vouchers for such payments, and amount of money and property, if any remaining unexpended or unappropriated. Upon the filing of the final account, the court shall make an order directing notice thereof to be given in the same manner as the notice of an appointment of an executor or administrator, and appoint a day not less than thirty days subsequent thereto for the hearing of objections to such final account and the settlement thereof. (b) Before the time appointed for the hearing and settlement of a final account the executor or administrator shall file with the court a copy of the notice thereof, with the proper proof of its publication or posting as directed. An executor or administrator who fails to file his final account as provided in subsection (a) of this section may be proceeded against in like manner and with like effect as provided in section 562 of this title in case of failure to file a quarterly account.

An heir, creditor, or other person interested in the estate may, on or before the day appointed for the hearing and settlement referred to in section 564 of this title, file his objections thereto, or to any particular item thereof, specifying the particulars of his objection. No creditor shall be allowed to object to such account whose claim has been satisfied as allowed by the executor or administrator or established by judgment.

Upon the hearing referred to in section 564 of this title, the court shall give a decree allowing or disallowing the final account, either in whole or in part, as may be just and right. The decree in any other action or proceeding between the parties interested or their representatives is primary evidence of the correctness of the account as thereby allowed and settled.

(a) An executor or administrator is chargeable in his account with all the property of the estate which may come into his possession at the value of the appraisement contained in the inventory, except as in this chapter otherwise provided. (b) An executor or administrator shall not make profit by the increase in value of the property of the estate or suffer loss for the decrease in value or the destruction thereof without his fault. If any of the property of the estate sells for more than its appraised value he shall account for the excess, and if any such property sells for less than its appraised value he shall not be responsible for the loss, unless occasioned by his fault. He shall not be accountable for the debts due the estate if it appears that they remain uncollected without his fault. He shall not purchase any claim against the estate which he represents, and if he satisfies any such claim for less than its nominal value he is only entitled to charge in his account the sum actually paid.

An executor or administrator shall be allowed in the settlement of his account, all necessary expenses incurred in the care, management, and settlement of the estate, including reasonable attorney's fees in any necessary litigation or matter requiring legal advice or counsel.

(a) Executors and administrators shall be allowed such compensation for their services as the court considers just, except that, when the deceased by his will, has made special provision for the compensation of his executor, such executor is not entitled to any other compensation for his services unless he shall within ten days after his appointment subscribe and file with the court a written declaration renouncing the compensation provided by the will. (b) Notwithstanding a provision in the will for the compensation of an executor, if the estate is insufficient to satisfy the claims against it, the court shall reduce such compensation, so far as may be necessary to satisfy such claims, to an amount equal to that which the executor would have been entitled to if no such provision had been made.

Whenever a debtor of a deceased person is unable to pay all his debts, an executor or administrator, by an order of the court, may compound with him and give him a discharge upon receiving a full and just proportion of his effects. If such compounding is procured or produced by the fraudulent representations or conduct of the debtor, such payment shall only operate to discharge a like amount of the debt.

Subject to the provisions of sections 76 and 77 of Title 5, causes of action by one person against another, whether arising on contract or otherwise, survive to the personal representatives of the former and against the personal representatives of the latter. When the cause of action survives, as herein provided, the executors or administrators may maintain an action thereon against the party against whom the cause of action accrued, or, after his death, against his personal representatives.

In action against several executors or administrators, they shall be considered as one person, representing their testator or intestate, and judgment may be given and execution issued against all of them who are defendants in the action, although the summons is served only on part of them, in the same manner and with the like effect as if served on all, except as provided in section 603 of this title.

When a judgment is given against an executor or administrator for want of an answer, such judgment is not to be deemed evidence of assets in his hands unless it appears that the complaint alleged assets and that the summons was served upon him.

In an action against executors or administrators in which the fact of their having administered the estate of their testator or intestate or any part thereof is put in issue and the inventory of the property of the deceased returned by them is given in evidence the same may be contradicted or avoided by evidence that- (1) any property has been omitted in such inventory or was not returned therein at its full value or that since the return thereof such property has increased in value; or (2) such property has perished or been lost without the fault of the executors or administrators or that it has been fairly and duly sold by them at a less price than the value so returned, or that since the return of the inventory such property has deteriorated in value. In such an action, the defendants can not be charged for any things in action specified in their inventory unless it appears that they have been collected or with due diligence might have been.

No person is liable to an action as executor of his own wrong for having taken, received, or interfered with the property of a deceased person, but is responsible to the executors or administrators of such deceased person for the value of all property so taken or received and for all injury caused by his interference with the estate of the deceased.

(a) An action may be commenced against an executor or administrator at any time after the expiration of twelve months from the granting of letters testamentary or of administration and until the final settlement of the estate and discharge of such executor or administrator from the trust, and not otherwise. (b) An action against an executor or administrator shall not be commenced until the claim of the plaintiff has been duly presented to such executor or administrator and by him disallowed. If such claim is presented after the expiration of the period of six months mentioned in sections 391 and 392 of this title, the executor or administrator in an action therefor shall only be liable to the extent of the assets in his hands at the time the summons is served upon him.

Administrators In an action against an executor or administrator as such, the provisional remedies of arrest and attachment shall not be allowed on account of the acts of his testator or intestate, but for his own acts as such executor or administrator such remedies shall be allowed for the same causes and in like manner and with like effect as in actions generally.

Administrators The provisions of subchapter I of this chapter, excepting section 601 of this title, shall apply to actions of an equitable nature by and against executors and administrators, except as in this subchapter otherwise or specially provided. All causes of action of an equitable nature by one person against another, however arising, survive to the personal representatives of the former and against the person representatives of the latter. When the cause of action survives, as herein provided, the executors or administrators may maintain an action of an equitable nature thereon against the party against whom the cause of action accrued, or after his death against the personal representatives.

(a) The next of kin of a deceased person are liable to an action by a creditor of the estate to recover the distributive shares received out of such estate, or to so much thereof as may be necessary to satisfy his debt. The action may be against all the next of kin jointly or against any one or more of them severally. (b) In such an action the plaintiff may recover the value of all the assets received by all the defendants in the action, if necessary to satisfy the debt. The amount of the recovery shall be apportioned among the defendants, in proportion to the value of the assets received by each. No allowance or deduction shall be made from such amount on account of there being other next of kin to whom assets have also been delivered. (c) Any one of the next of kin against whom a recovery is had pursuant to subsection (b) of this section may maintain an action against all the other next of kin of the deceased person to whom any such assets have been delivered jointly, or against any of them separately for a just and equal contribution.

Legatees are liable to an action by a creditor of the testator to recover the value of any legacy received by them. The action may be maintained against all the legatees jointly or against any one or more of them severally. In such an action the plaintiff shall not recover unless he shows that- (1) no assets were delivered by the executor or administrator of the testator to his next of kin; or, (2) the value of such assets has been recovered by some other creditor; or, (3) such assets are not sufficient to satisfy the demand of the plaintiff. In the case referred to in clause (3) of this section, he shall recover only the deficiency. The whole amount which the plaintiff shall recover shall be apportioned among all the legatees of the testator in proportion to the value of their legacies, respectively, and only that proportion shall be recovered of each legatee.

(a) In an action against several next of kin or legatees jointly for assets delivered to them, if a recovery is had against such next of kin or legatees, the cost of the action shall be apportioned among the several defendants in proportion to the amount recovered against each of them. (b) A decree against several next of kin or legatees shall be satisfied as to any one of them by the payment or satisfaction of the amount recovered against such defendant.

Heirs and devisees are liable to an action by a creditor of a deceased person to recover the debt of their ancestor or testator to the extent of the value of any real property inherited by or devised to them. If such action is against the heirs, all the heirs who are liable shall be made parties to the action.

(a) Heirs are not liable for the debt of their ancestor or creditor unless it appears that the personal assets of the deceased were insufficient to discharge it, or that after due proceedings the creditor has been unable to collect the debt from the personal representatives of the deceased, or from his next of kin or legatees. If the personal assets were sufficient to pay a part of the debt, or in case a part thereof shall have been collected, the heirs of such deceased person are liable for the residue. (b) Subsection (a) of this section shall not affect the liability of heirs for a debt of their ancestors where such debt was by his will expressly charged exclusively on the real properties descended to such heirs, or where such debt is by the will expressly directed to be paid out of the real property descended before resorting to the personal property.

(a) A devisee shall not be liable to the creditor of his testator unless it appears that the personal assets of the testator and the real property descended to his heirs were insufficient to discharge the debt, or unless it appears that after due proceedings the creditor has been unable to recover the debt, or any part thereof from the personal representatives of the testator or from his next of kin, legatees, or heirs. (b) In either of the cases specified in subsection (a) of this section, the amount of the deficiency of the personal assets, and of the real property descended to satisfy the debt of the plaintiff, or the amount which such plaintiff may have failed to recover from the personal representatives of the testator, his next of kin, legatees, and heirs, may be recovered of the devisees of such testator, to the extent of the value of the real property devised to them respectively. (c) Subsections (a) and (b) of this section shall not affect the liability of devisees for a debt of their testator where such debt was by his will expressly charged exclusively upon the real property devised, or by the terms of the will made payable by the devisee, or out of the real property devised, before resorting to the personal property or to any other real property descended or devised.

In cases where the next of kin, legatees, heirs, and devisees are liable for the debts of their ancestors, as provided in this subchapter, they shall be liable therefor without other priority or preference than such ancestors would have been. The word "debt", as used in this subchapter, shall be construed to include all claims for the payment of money which survive against the personal representatives of the deceased, as provided in section 641 of this title.

A judgment against an heir or devisee on account of the debt of his ancestor or testator may be enforced by execution against the real property shown to have descended to their heir or devisee, and not otherwise. Such judgment shall have preference as a lien on such real property to any judgment or decree obtained against such heir or devisee on account of a debt or demand due in his own right.

When it appears in an action provided for in section 645 of this title that before the commencement thereof the heir or devisee has aliened the real property descended to him, or any part thereof, he shall be personally liable for the value of the property so aliened, and a judgment may be given against him therefor, to be enforced by execution, as if the judgment were for his own debt. No real property aliened in good faith and for a valuable consideration by an heir or devisee before action commenced against him is liable to an execution for the debt of his ancestor or testator, or in any manner affected by the judgment therefor against such heir or devisee.

In an action against several heirs jointly or several devisees jointly, the amount which the plaintiff recovers must be apportioned among all the heirs of the ancestor or devisees of the testator in proportion to the value of the real property descended or devised, and such proportion only can be recovered of each heir or devisee.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

History: Repealed. Jan. 1, 2017, No. 7958, § 2, Sess. L. 2016, p. 294.

The provisions of this chapter shall govern trustees, guardians and other fiduciaries, hereafter in this chapter called "fiduciaries", acting under wills, agreements, court orders and other instruments now existing or hereafter made.

In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, fiduciaries shall exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, fiduciaries may acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account, and within the limitations of the foregoing standard, fiduciaries may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.

Investment" and "Authorized Investment" (a) Nothing contained in this chapter shall be construed as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order or other instrument creating or defining the fiduciary's duties and powers. (b) The terms "legal investment" or "authorized investment" or words of similar import, as used in any instrument specified in subsection (a) of this section, shall be taken to mean any investment which is permitted by the terms of section 1002 of this title.

Unless expressly provided otherwise in any instrument specified in subsection (a) of section 1003 of this title, any provisions in any such instrument prescribing, defining or limiting the kind of property in which the funds of the trust to which such instrument relates shall be invested shall not apply to any property owned by a testator at the time of his death and delivered to the fiduciary by the personal representative of such testator who has created a trust by his will, or delivered by the settlor to the fiduciary of a trust created in a trust agreement, or delivered to the fiduciary pursuant to a court order or other instrument creating or defining the fiduciary's duties and powers, and such fiduciary may retain all such property so acquired, subject to the limitations of the standards set forth in section 1002 of this title.

Own Stock Unless expressly provided otherwise in any instrument specified in subsection (a) of section 1003 of this title, a bank or trust company acting as a fiduciary and authorized so to act may retain in a trust estate shares of its own capital stock acquired in any manner referred to in section 1004 of this title, as effectively as though the instrument creating or defining the fiduciary's duties and powers expressly so provided, subject to the limitations of the standards set forth in section 1002 of this title.

Nothing contained in this chapter shall be construed as restricting the power of a court of proper jurisdiction to permit fiduciaries to deviate from the terms of any will, agreement, or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale or management of fiduciary property.

A bank or trust company authorized to act in a fiduciary capacity and acting in such capacity, other than merely as agent, may invest funds held by it for investment as fiduciary in fractional undivided interests in a common fund composed exclusively of property permitted for investment by the terms of section 1002 of this title and of cash, if such common fund shall have been created and is managed exclusively by such bank or trust company as trustee under a written plan, an original copy of which, executed by such bank or trust company, has been filed and is recorded in the office of the clerk of the district court. Under such plan it shall not be permitted that any such fractional interests shall at any time be owned by any other than such bank or trust company as fiduciary under will, under agreement, under court order, or as a guardian, or as executor or administrator. At least once each three months, as of a predetermined date, the fair value of the assets of the common fund shall be ascertained, and a fractional interest in such common fund may only be acquired or redeemed as of such predetermined date by payment, in the case of acquisition, of an amount in cash or United States Savings Bonds Series G at par therefor, or in the case of redemption, of an amount in cash or in kind, or partly in cash and partly in kind, equal to its proportionate part of the fair value of the common fund. A reasonable period, not to exceed seven days, following each such predetermined date may be used to make the computations necessary to determine the value of the common fund and of the participations therein. At the time of the making of an investment in such common fund there shall not be held in the fund any asset which, because of the nature of such asset, the bank or trust company might not then properly purchase as an investment for the fiduciary account for which the investment in the common fund is made. The bank or trust company shall not charge a fee or commission to the common fund for its management or receive any fees or commissions from any fiduciary estate which may be invested in a common fund other than those it would be entitled to receive if such estate were otherwise invested.

Property Held By It (a) A bank or trust company shall not purchase, with funds held by it as a fiduciary, any property held by its commercial or banking department, but this prohibition shall not apply to mortgages and their accompanying bonds designated by its commercial or banking department for future trust investment at the time of acquisition by the commercial or banking department and purchased within one year from such time of acquisition with funds held by it in its trust department, provided the interest and taxes are current at the time of purchase by the trust department and an appraisal certificate on the real estate covered by the mortgages being purchased from at least one person competent and qualified to appraise real estate is obtained by the trust department at any time within ten days prior to the purchase by and transfer to the trust department. This exception shall apply to all types of mortgages held by the commercial or banking department, including mortgages covering properties constructed during the one year period from the time the mortgages were acquired by the commercial or banking department, provided with respect to the latter type of mortgages, that an appraisal certificate on the completed property from at least one person competent and qualified to appraise such property, and a certificate from the owner of the property and/or the registered architect who planned the construction of the property, certifying that the construction is complete and satisfactory in every respect, are obtained by the trust department at any time within ten days prior to the purchase by and transfer to said department. (b) The commercial or banking department shall make a report monthly to the board of directors of the bank or trust company listing all mortgages designated for trust investment and covering all transactions relating thereto, and such report shall be noted in the minutes of the meeting of the board. (c) The purchase of mortgages and their accompanying bonds permitted by this section shall be made subject to the limitations of the standard set forth in section 1002 of this title.

(a) In this chapter, unless the context or subject matter requires otherwise- "bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking; "fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate; "person" includes a corporation, partnership, or other association, or two or more persons having a joint or common interest; and "principal" includes any person to whom a fiduciary as such owes an obligation. (b) A thing is done "in good faith" within the meaning of this chapter, when it is in fact done honestly, whether it be done negligently or not.

A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary.

History: Repealed. Feb. 19, 1965, No. 1299, § 8 Sess. L. 1965, Pt. II, p. 218.

If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse such instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument.

If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in any transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument.

If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith.

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.

If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.

If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and indorsed by him, if he is empowered to indorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith.

When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.

The provisions of this chapter shall not apply to transactions taking place prior to the time when it takes effect.

In any case not provided for in this chapter the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it.

As used in this chapter unless the context or subject matter otherwise requires- "person" means an individual, a corporation, a partnership, an association, a joint stock company, a business trust, an unincorporated organization, or two or more persons having a joint or common interest; "trustee" includes trustees, a corporate as well as a natural person and a successor or substitute trustee; "relative" means a spouse, ancestor, descendant, brother or sister; "affiliate" means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange; and "trust" means an express trust only.

(a) Whenever a bank account shall, by entries made on the books of the depositor and the bank at the time of the deposit, be created exclusively for the purpose of paying dividends, interest or interest coupons, salaries, wages, or pensions or other benefits to employees, and the depositor at the time of opening such account does not expressly otherwise declare, the depositor shall be deemed a trustee of such account for the creditors to be paid therefrom, subject to such power of revocation as the depositor may have reserved by agreement with the bank. (b) If any beneficiary for whom such a trust is created does not present his claim to the bank for payment within one year after it is due, the depositor who created such trust may revoke it as to such creditor.

Except as provided in section 1094 of this title, no corporate trustee shall lend trust funds to itself or an affiliate, or to any director, officer, or employee of itself or of an affiliate; nor shall any non-corporate trustee lend trust funds to himself, or to his relative, employer, employee, partner, or other business associate.

(a) A corporate trustee which is subject to regulation and supervision by territorial or federal authorities may deposit with itself trust funds which are being held necessarily pending investment, distribution, or the payment of debts, provided it pays into the trust for such deposit such interest as it is required by statute to pay on uninvested trust funds, or, if there be no such statute, the same rate of interest it pays upon similar non-trust deposits, and maintains in its trust department as security for all such deposits a separate fund consisting of securities legal for trust investments and at all times equal in total market value to the amount of the deposits. But no such security shall be required to the extent that the deposit is insured or given a preference by any territorial or federal law. (b) The separate fund of securities shall be marked as such. Withdrawals from or additions to it may be made from time to time, as long as the required value is maintained. The income of such securities shall belong to the corporate trustee. In all statements of its financial condition published, or delivered to Banking Board, such corporate trustee shall show as separate items the amount of trust funds which it has deposited with itself and the amount of securities which it holds as security for the payment of such deposits.

No trustee shall directly or indirectly buy or sell any property for the trust from or to itself or an affiliate; or from or to a director, officer, or employee of such trustee or of an affiliate; or from or to a relative, employer, partner, or other business associate.

No trustee shall as trustee of one trust sell property to itself as trustee of another trust.

No corporate trustee shall purchase for a trust shares of its own stock, or its bonds or other securities, or the stock, bonds or other securities of an affiliate.

A trustee owning corporate stock may vote it by proxy, but shall be liable for any loss resulting to the beneficiaries from a failure to use reasonable care in deciding how to vote the stock and in voting it.

A trustee owning stock may hold it in the name of a nominee, without mention of the trust in the stock certificate or stock registration book; provided that- (1) the trust records and all reports or accounts rendered by the trustee clearly show the ownership of the stock by the trustee and the facts regarding its holding; and (2) the nominee shall deposit with the trustee a signed statement showing the trust ownership, shall endorse the stock certificate in blank, and shall not have possession of the stock certificate or access thereto except under the immediate supervision of the trustee. The trustee shall be personally liable for any loss to the trust resulting from any act of such nominee in connection with stock so held.

Unless it is otherwise provided by the trust instrument, or an amendment thereof, or by court order, all powers of a trustee shall be attached to the office and shall not be personal.

(a) Unless it is otherwise provided by the trust instrument, or an amendment thereof, or by court order, any power vested in three or more trustees may be exercised by a majority of such trustees; but no trustee who has not joined in exercising a power shall be liable to the beneficiaries or to others for the consequences of such exercise, nor shall a dissenting trustee be liable for the consequences of an act in which he joins at the direction of the majority trustees, if he expressed his dissent in writing to any of his co-trustees at or before the time of such joinder. (b) Nothing in this section shall excuse a co-trustee from liability for inactivity in the administration of the trust nor for failure to attempt to prevent a breach of trust.

(a) Whenever a trustee shall make a contract which is within his powers as trustee, or a predecessor trustee shall have made such a contract, and a cause of action shall arise thereon, the party in whose favor the cause of action has accrued may sue the trustee in his representative capacity, and any judgment rendered in such action in favor of the plaintiff shall be collectible by execution out of the trust property. In such an action the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if he had paid the plaintiff's claim. (b) No judgment shall be rendered in favor of the plaintiff in such action unless he proves that within thirty days after the beginning of such action, or within such other time as the court may fix, and more than thirty days prior to obtaining the judgment, he notified each of the beneficiaries known to the trustee who then had a present interest, or in the case of a charitable trust the United States attorney and any corporation which is a beneficiary or agency in the performance of such charitable trust, of the existence and nature of the action. Such notice shall be given by mailing copies thereof in postpaid envelopes addressed to the parties to be notified at their last known addresses. The trustee shall furnish the plaintiff a list of the parties to be notified, and their addresses, within ten days after written demand therefor, and notification of the persons on such list shall constitute compliance with the duty placed on the plaintiff by this section. Any beneficiary, or in the case of charitable trusts the United States attorney and any corporation which is a beneficiary or agency in the performance of such charitable trust, may intervene in such action and contest the right of the plaintiff to recover. (c) The plaintiff may also hold the trustee who made the contract personally liable on such contract, if the contract does not exclude such personal liability. The addition of the word "trustee" or the words "as trustee" after the signature of a trustee to a contract shall be deemed prima facie evidence of an intent to exclude the trustee from personal liability.

(a) A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration therefor from the trust property if he has not discharged the claim, or to be reimbursed therefor out of trust funds if he has paid the claim, if- (1) the tort was a common incident of the kind of business activity in which the trustee was properly engaged for the trust, or- (2) although the tort was not a common incident of such activity, if neither the trustee nor any officer or employee of the trustee was guilty of personal fault in incurring the liability. (b) If a trustee commits a tort which increases the value of the trust property, he shall be entitled to exoneration or reimbursement with respect thereto to the extent of such increase in value, even though he would not otherwise be entitled to exoneration or reimbursement. (c) Nothing in this section shall be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees.

(a) Where a trustee or his predecessor has incurred personal liability for a tort committed in the course of his administration, the trustee in his representative capacity may be sued and collection had from the trust property, if the court shall determine in such action that- (1) the tort was a common incident of the kind of business activity in which the trustee or his predecessor was properly engaged for the trust; or- (2) that, although the tort was not a common incident of such activity, neither the trustee nor his predecessor, nor any officer or employee of the trustee or his predecessor, was guilty of personal fault in incurring the liability; or- (3) that, although the tort did not fall within classes (1) or (2) above, it increased the value of the trust property. If the tort is within classes (1) or (2) above, collection may be had of the full amount of damage proved; and if the tort is within class (3) above, collection may be had only to the extent of the increase in the value of the trust property. (b) In an action against the trustee in his representative capacity under this section the plaintiff need not prove that the trustee could have secured reimbursement from the trust fund if he had paid the plaintiff's claim. (c) No judgment shall be rendered in favor of the plaintiff in such action unless he proves that within thirty days after the beginning of the action, or within such other period as the court may fix and more than thirty days prior to obtaining the judgment, he notified each of the beneficiaries known to the trustee who then had a present interest of the existence and nature of the action. Such notice shall be given by mailing copies thereof in postpaid envelopes addressed to such beneficiaries at their last known address. The trustee shall furnish the plaintiff a list of such beneficiaries and their addresses, within ten days after written demand therefor, and notification of the persons on such list shall constitute compliance with the duty placed on the plaintiff by this section. Any beneficiary may intervene in such action and contest the right of the plaintiff to recover. (d) The trustee may also be held personally liable for any tort committed by him, or by his agents or employees in the course of their employments, subject to the rights of exoneration or reimbursement provided in section 1103 of this title. (e) Nothing in this section shall be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of themselves or their employees.

Where a person who is a trustee of two or more trusts has mingled the funds of two or more trusts in the same aggregate of cash, or in the same bank or brokerage account or other investment, and a withdrawal is made therefrom by the trustee for his own benefit, or for the benefit of a third person not a beneficiary or creditor of one or more of the trusts, or for an unknown purpose, such a withdrawal shall be charged first to the amount of cash, credit, or other property of the trustee in the mingled fund, if any, and after the exhaustion of the trustee's cash, credit, or other property, then to the several trusts in proportion to their several interests in the cash, credit, or other property at the time of the withdrawal.

(a) When an interest in real property is conveyed by deed to a person on a trust which is unenforceable on account of the Statute of Frauds and the intended trustee or his successor in interest still holds title but refuses to carry out the trust on account of the Statute of Frauds, the intended trustee or his successor in interest, except to the extent that the successor in interest is a bona fide purchaser of a legal interest in the real property in question, shall be under a duty to convey the interest in real property to the settlor or his successor in interest. A court having jurisdiction may prescribe the conditions upon which the interest shall be conveyed to the settlor or his successor in interest. (b) Where the intended trustee has transferred part or all of his interest and it has come into the hands of a bona fide purchaser, the intended trustee shall be liable to the settlor or his successor in interest for the value of the interest thus transferred at the time of its transfer, less such offsets as the court may deem equitable.

The settlor of any trust affected by this chapter may, by provision in the instrument creating the trust if the trust was created by a writing, or by oral statement to the trustee at the time of the creation of the trust if the trust was created orally, or by an amendment of the trust if the settlor reserved the power to amend the trust, relieve his trustee from any or all of the duties, restrictions, and liabilities which would otherwise be imposed upon him by this chapter; or alter or deny to his trustee any or all of the privileges and powers conferred upon the trustee by this chapter; or add duties, restrictions, liabilities, privileges, or powers, to those imposed or granted by this chapter; but no act of the settlor shall relieve a trustee from the duties, restrictions, and liabilities imposed upon him by sections 1093 - 1095 of this title.

Any beneficiary of a trust affected by this chapter may, if of full legal capacity and acting upon full information, by written instrument delivered to the trustee relieve the trustee as to such beneficiary from any or all of the duties, restrictions, and liabilities which would otherwise be imposed on the trustee by this chapter, except as to the duties, restrictions, and liabilities imposed by sections 1093 - 1095 of this title. Any such beneficiary may release the trustee from liability to such beneficiary for past violations of any of the provisions of this chapter.

A court of competent jurisdiction may, for cause shown and upon notice to the beneficiaries, relieve a trustee from any or all of the duties and restrictions which would otherwise be placed upon him by this chapter, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for violations of the provisions of this chapter.

If a trustee violates any of the provisions of this chapter, he may be removed and denied compensation in whole or in part; and any beneficiary, co-trustee, or successor trustee may treat the violation as a breach of trust.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it.

(a) As used in this chapter- "testamentary trustee" means a trustee serving under a trust created by a will of a testator domiciled in this jurisdiction at the time of his death whose will has been admitted to probate in this jurisdiction, whether the trustee was appointed by the testator or by a court or other authority; "non-testamentary trustee" means a trustee serving under a trust created in this jurisdiction otherwise than by a will, whether the trustee was appointed by the settlor or by a court or other authority; "trustee" includes trustees, a corporate as well as a natural person, a successor or substitute trustee, and the successor in interest of a deceased sole trustee; "beneficiary" includes a beneficiary under the trust, a person who is entitled to the trust capital at the termination of the trust and a surety on the bond of the trustee; "settlor" includes the creator of a testamentary as well as a non-testamentary trust; "relative" means a spouse, ancestor, descendant, brother, or sister; and "affiliate" means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly. (b) This chapter shall not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiaries, investment trusts, voting trusts, insurance trusts prior to the death of the insured, trusts in the nature of mortgages or pledges, trusts created by judgment or decree of a federal or Superior Court, liquidation trusts, or trust for the sole purpose of paying dividends, interest or interest coupons, salaries, wages or pensions.

Within thirty days after it is the duty of the first qualifying testamentary trustee to take possession of the trust property he shall file with the court where the will was admitted to probate, an inventory under oath, showing by items all the trust property which shall have come to his possession or knowledge.

Within thirty days after the expiration of the first year after the first qualifying testamentary trustee was under a duty to file his inventory as prescribed in section 1161 of this title the testamentary trustee then in office shall file with the court where the will was admitted to probate, an intermediate account under oath covering such year and showing- (1) the period which the account covers; (2) the names and addresses of the living beneficiaries known to the trustee, with a statement as to those known to be minors or under legally declared disability; and a description of any possible unborn or unascertained beneficiaries; and the name of the surety or sureties on the trustee's bond with the amount of such bond; (3) in a separate schedule the trust principal on hand at the beginning of the accounting period and the then status of its investment; the investments received from the settlor and still held; additions to trust principal during the accounting period with the dates and sources of acquisition; investments collected, sold or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income; investments made during the accounting period, with the date, source and cost of each; deductions from principal during the accounting period, with the date and purpose of each; and trust principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment; (4) in a separate schedule the trust income on hand at the beginning of the accounting period, and in what form held; trust income received during the accounting period, when, and from what source; trust income paid out during the accounting period, when, to whom, and for what purpose; trust income on hand at the end of the accounting period, and how invested; (5) that neither any seller of, nor buyer from, the trustee of trust property during the accounting period was at the time of such sale or purchase- (A) in the case of a corporate trustee, an affiliate, or any officer, employee or nominee of the trustee or of an affiliate; or (B) in the case of a non-corporate trustee, a relative, partner, employer, employee or business associate- but none of the provisions of this paragraph shall apply to purchases and sales made by brokers for the trustee or to stock exchanges; (6) a statement of unpaid claims with the reason for failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the trust property, and if due, whether paid; (7) a brief summary of the account; (8) such other facts as the court may by rules or court order require. Within thirty days after the end of each yearly period thereafter during the life of the trust the testamentary trustee then in office shall file with the same court an intermediate account under oath showing corresponding facts regarding the current accounting period.

Within 30 days after the termination of every testamentary trust the trustee, and in the case of the transfer of the trusteeship due to the death, resignation, removal, dissolution, merger or consolidation of a sole trustee the successor in interest of the old trustee, shall file with the court where the will was admitted to probate a final account under oath, showing for the period since the filing of the last account the facts required by section 1162 of this title regarding intermediate accountings and in case of termination of the trust the distribution of the trust property which the accountant proposes to make.

Within 30 days after the distribution of the trust property by the testamentary trustee he shall file in the court where the final account was filed a distribution account of the trust property which he has distributed and the receipts of the distributees.

Every testamentary trustee who files an intermediate account in court shall within ten days after such filing deliver to each known beneficiary a notice of such filing, and if there is to be no court hearing on the account a summary of the account with an offer to deliver the full account on demand, or if there is to be a court hearing on the account a copy of the account. Such delivery may be- (1) by handing the notice or copy to the beneficiary personally, or to his guardian, or attorney of record; or (2) by sending it by registered mail with return receipt requested to such beneficiary, or his guardian or attorney of record, at the last known address of the addressee. Any beneficiary or the trustee may petition the court for a hearing on any intermediate account, and the holding of such a hearing shall be in the discretion of the court. In the case of the third intermediate accounting and every three years thereafter the trustee shall apply to the court for a hearing on and approval of all unapproved accounts and shall give each known beneficiary written notice of such application 20 days before the return day thereof, in the manner prescribed for the delivery of the copy of the account. The return day of the application for a hearing on an intermediate accounting shall be at least 20 days after the latest account was filed. The notice by the trustee of the application for a hearing on and approval of the account shall inform the beneficiaries of the amount of commissions or other compensation to be requested by the trustee on such hearing, and the amount of other fees which the court will then be requested to allow.

At least 20 days before the return day of a final accounting the testamentary trustee shall deliver to each beneficiary a copy of the account and a notice of the time and place at which the account will be presented for approval, which date shall not be earlier than 30 days after the account was filed. Such delivery may be accomplished in the same manner as with regard to the service of papers on the intermediate accounting. The notice shall inform the beneficiaries of the amount of commissions or other compensation to be requested by the trustee on the application for approval of the account, and the amount of other fees which the court will then be requested to allow.

When an intermediate or final account is presented for consideration in court the testamentary trustee shall produce in court vouchers for all expenditures of $20 or more, made by the trustee during the accounting period. The vouchers shall be returned to the trustee after the account is approved.

Any beneficiary who is an infant, of unsound mind or otherwise legally incompetent, and also possible unborn or unascertained beneficiaries may be represented in a testamentary trust accounting by the court, or by competent living members of the class to which they do or would belong, or by a guardian ad litem, as the court deems best. If the residence of any beneficiary is unknown, or there is doubt as to the existence of one or more persons as beneficiaries, the court shall make such provision for service of notice and representation on the accounting as it believes proper.

On the return day of an application for a hearing on and approval of an intermediate or final account the testamentary trustee shall file an affidavit proving the timely delivery to the known beneficiaries of the documents required by this chapter or by court order. The procedure as to filing of objections, examination of the trustee and other witnesses, inspection of the trust property, adjournments, reference to a master or other representative of the court, amendment of the account, and similar matters, shall be in the discretion of the court. The court shall, as soon as practicable, act upon the account, and discharge the trustee if the account is an approved distribution account.

The approval by the court of a testamentary trustee's account after due notice and service of papers or representation as provided in this chapter, shall, subject to the right of appeal, relieve the trustee and his sureties from liability to all beneficiaries then known or in being, or who thereafter become known or in being, for all the trustee's acts and omissions which are fully and accurately described in the account, including the then investment of the trust funds. The court may disapprove the account and surcharge the trustee for any loss caused by a breach of trust committed by him. The account may be reopened by the court on motion of the trustee or a beneficiary, for amendment or revision, if it later appears that the account is incorrect, either because of fraud or mistake. Court approvals or disapprovals of intermediate or final accounts shall be deemed final judgments in so far as the right of appeal is concerned. No account shall be reopened because of a mistake more than one year after its approval. No beneficiary may move for the reopening of any account because of fraud more than 90 days after he discovers the existence of the fraud.

Within 30 days after it is the duty of the first qualifying trustee of a non-testamentary trust to take possession of the trust property he shall file in the office of the clerk of the district court in the judicial division where the trust was created a notice of his appointment as trustee, a copy of the instrument creating the trust if the trust was created by a writing, a list of the names, addresses, and dates of birth of the known living beneficiaries, a description of any possible unborn or unascertained beneficiaries, and an inventory under oath of the trust property which shall have come to his possession or knowledge.

Every non-testamentary trustee shall file intermediate, final and distribution accounts with the clerk of the district court in the judicial division where the trust was created, at the same intervals, under the same conditions, and with the same effect as provided in this chapter with respect to the accountings of a testamentary trustee.

The clerk of the district court shall keep records of all trust inventories and accounts filed with the court and shall, within 30 days after the filing should have occurred, notify the judge of the court of all failures by trustees to file accounts in accordance with this chapter. The district court shall, upon learning that a trustee subject to its jurisdiction has failed to perform any duty placed upon him by this chapter, issue a citation or order to the trustee requiring him to perform such duty.

The settlor of any trust affected by this chapter may, by provision in the instrument creating the trust if the trust was created by a writing, or by oral statement to the trustee at the time of the creation of the trust if the trust was created orally, or by an amendment of the trust if the settlor reserved the power to amend the trust, relieve his trustee from any or all of the duties which would otherwise be placed upon him by this chapter, or add duties to those imposed by this chapter on his trustee with regard to inventories and accountings. But no expression of intent by any settlor shall affect the jurisdiction of the courts of the Virgin Islands over inventories and accounts of trustees, in so far as such jurisdiction does not depend upon the provisions of this chapter.

Any beneficiary, if of full age and sound mind, may, if acting upon full information, by written instrument delivered to the trustee, excuse the trustee as to such beneficiary from performing any of the duties imposed on him by this chapter or exempt the trustee from liability to such beneficiary for failure to perform any of the duties imposed upon the trustee by the terms of this chapter.

Nothing contained in this chapter- (1) shall be construed to abridge the power of any court of competent jurisdiction to require testamentary or nontestamentary trustees to file an inventory, to account, to exhibit the trust property, or to give beneficiaries information or the privilege of inspection of trust records and papers, at times other than those prescribed by this chapter; or (2) shall be construed to abridge the power of such court for cause shown to excuse a trustee from performing any or all of the duties imposed on him by this chapter; or (3) shall prevent the trustee from accounting voluntarily when it is reasonably necessary, even though he is not required to do so by this chapter or by court order.

Any beneficiary may apply to the court of competent jurisdiction for an order requiring the trustee to perform the duties imposed upon him by this chapter.

When a trustee fails to perform any of the duties imposed upon him by this chapter he may be removed, his compensation may be reduced or forfeited, or other civil penalty inflicted, in the discretion of the court.

The district court may prescribe forms in which inventories and accounts shall be presented.

Whenever an oath or affirmation is required of a trustee under this chapter it may be made in the case of a corporate trustee by an officer of such corporate trustee, and in the case of co-trustees acting jointly by any one of the co-trustees.

This chapter shall apply to charitable trusts. Documents required to be delivered to beneficiaries of such trusts shall be delivered to the United States attorney.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it.

This chapter may be cited as The Virgin Islands Uniform Custodial Trust Act. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 477.

As used in this chapter: (1) "Adult" means an individual who is at least 18 years of age. (2) "Beneficiary" means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this chapter. (3) "Conservator" means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions. (4) "Court" means the Superior Court of the Virgin Islands. (5) "Custodial trust property" means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest. (6) "Custodial trustee" means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated. (7) "Guardian" means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only guardian ad litem. (8) "Incapacitated" means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause. (9) "Legal representative" means a personal representative or conservator. (10) "Member of the beneficiary's family" means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (11) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity. (12) "Personal representative" means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them. (13) "State" means a state, territory, or possession of the United States, the District of Columbia, including the Commonwealth of Puerto Rico and the Virgin Islands. (14) "Transferor" means a person who creates a custodial trust by transfer or declaration. (15) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 477, 478.

(a) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under the Virgin Islands Uniform Custodial Trust Act. (b) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property and naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under the Virgin Islands Uniform Custodial Trust Act. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this chapter. (c) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary. (d) Except as provided in subsection (e), a transferor may not terminate a custodial trust. (e) The beneficiary, if not incapacitated, or the conservator of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary or conservator declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary. (f) Any person may augment existing custodial trust property by the addition of other property pursuant to this chapter. (g) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument. (h) This chapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this chapter may be enforceable according to its terms under other law. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 478.

(a) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act." (b) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve. (c) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment, or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer, or obligor of the future right. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 479.

Jurisdiction (a) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this chapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property. (b) The custodial trustee's acceptance may be evidenced by a writing stating in substance: "CUSTODIAL TRUSTEE'S RECEIPT AND ACCEPTANCE I, (name of custodial trustee) acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for (name of beneficiary) under the Virgin Islands UnifoVirgin Islands Uniform Custodial Trust Actinister and distribute the custodial trust property pursuant to the Virgin Islands UnifoVirgin Islands Uniform Custodial Trust Actcustodial trustee is subject to the directions of the beneficiary unless the beneficiary is designated as, is, or becomes incapacitated. The custodial trust property consists of ____________________. Dated: (Signature of Custodial Trustee)" (c) Upon accepting custodial trust property, a person designated as custodial trustee under this chapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 479.

Payment (a) Unless otherwise directed by an instrument designating a custodial trustee pursuant to section 1234, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $20,000, the transfer is not effective unless authorized by the court. (b) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 480.

(a) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship. (b) Custodial trust property held under this chapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust. (c) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to section 1238 for the administration of the custodial trust. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 480.

(a) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. (b) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment, or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise. (c) Subject to subsection (b), a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property. (d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control, separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account in the name of the custodial trustee, designated in substance: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act." (e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary. (f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 480, 481.

(a) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only. (b) This section does not relieve a custodial trustee from liability for a violation of section 1238. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 481.

(a) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time. (b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary. (c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 481, 482.

(a) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if: (1) the custodial trust was created under section 1236, (2) the transferor has so directed in the instrument creating the custodial trust, or (3) the custodial trustee has determined that the beneficiary is incapacitated. (b) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon: (1) previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney, (2) the certificate of the beneficiary's physician, or (3) other persuasive evidence. (c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated. (d) On petition of the beneficiary, the custodial trustee, or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated. (e) Absent determination of incapacity of the beneficiary under subsection (b) or (d), a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this chapter applicable to an incapacitated beneficiary. (f) Incapacity of a beneficiary does not terminate: (1) the custodial trust, (2) any designation of a successor custodial trustee, (3) rights or powers of the custodial trustee, or (4) any immunities of third persons acting on instructions of the custodial trustee. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 482, 483.

History: Repealed. Aug. 2, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of knowledge to the contrary, the third person is not responsible for determining: (1) the validity of the purported custodial trustee's designation; (2) the propriety of, or the authority under this chapter for, any action of the purported custodial trustee; (3) the validity or propriety of an instrument executed, or instruction given pursuant to this subchapter either by the person purporting to make a transfer or declaration or by the purported custodial trustee; or (4) the propriety of the application of property vested in the purported custodial trustee. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 483.

(a) A claim based on a contract entered into by a custodial trustee acting in a Fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust, may be asserted by a third person against the custodial trust property by proceeding against the custodial trustee in a fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable. (b) A custodial trustee is not personally liable to a third person: (1) on a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity or to identify the custodial trust in the contract; or (2) for an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault. (c) A beneficiary is not personally liable to a third person for an obligation arising from beneficial ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault. (d) Subsections (b) and (c) do not preclude actions or proceedings to establish liability of the custodial trustee or beneficiary to the extent the person sued is protected as the insured by liability insurance. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 483, 484.

Custodial Trustee, Designation of Successor Custodial Trustee (a) Before accepting the custodial trust property, a person designated as custodial trustee may decline to serve by notifying the person who made the designation, the transferor, or the transferor's legal representative. If an event giving rise to a transfer has not occurred, the substitute custodial trustee designated under section 1234 becomes the custodial trustee, or, if a substitute custodial trustee has not been designated, the person who made the designation may designate a substitute custodial trustee pursuant to section 1234. In other cases, the transferor or the transferor's legal representative may designate a substitute custodial trustee. (b) A custodial trustee who has accepted the custodial trust property may resign by: (1) delivering written notice to a successor custodial trustee, if any, the beneficiary and, if the beneficiary is incapacitated, to the beneficiary's conservator, if any, and (2) transferring or registering, or recording an appropriate instrument relating to, the custodial trust property, in the name of, and delivering the records to, the successor custodial trustee identified under subsection (c). (c) If a custodial trustee or successor custodial trustee is ineligible, resigns, dies, or becomes incapacitated, the successor designated under section 1233 becomes custodial trustee. If there is no effective provision for a successor, the beneficiary, if not incapacitated, may designate a successor custodial trustee. If the beneficiary is incapacitated or fails to act within 90 days after the ineligibility, resignation, death, or incapacity of the custodial trustee, the beneficiary's conservator becomes successor custodial trustee. If the beneficiary does not have a conservator or the conservator fails to act, the resigning custodial trustee may designate a successor custodial trustee. (d) If a successor custodial trustee is not designated pursuant to subsection (c), the transferor, the legal representative of the transferor or of the custodial trustee, an adult member of the beneficiary's family, the guardian of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to designate a successor custodial trustee. (e) A custodial trustee who declines to serve or resigns, or the legal representative of a deceased or incapacitated custodial trustee, as soon as practicable, shall put the custodial trust property and records in the possession and control of the successor custodial trustee. The successor custodial trustee may enforce the obligation to deliver custodial trust property and records and becomes responsible for each item as received. (f) A beneficiary, the beneficiary's conservator, an adult member of the beneficiary's family, a guardian of the person of the beneficiary, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary, may petition the court to remove the custodial trustee for cause and designate a successor custodial trustee, to require the custodial trustee to furnish a bond or other security for the faithful performance of fiduciary duties, or for other appropriate relief. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 484, 485.

Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee: (1) is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services; (2) has a noncumulative election, to be made no later than six months after the end of each calendar year, to charge a reasonable compensation for Fiduciary services performed during that year; and (3) need not furnish a bond or other security for the faithful performance of fiduciary duties. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 485.

of Liability of Custodial Trustee (a) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property (i) once each year, (ii) upon request at reasonable times by the beneficiary or the beneficiary's legal representative, (iii) upon resignation or removal of the custodial trustee, and (iv) upon termination of the custodial trust. The statements must be provided to the beneficiary or to the beneficiary's legal representative, if any. Upon termination of the beneficiary's interest, the custodial trustee shall furnish a current statement to the person to whom the custodial trust property is to be delivered. (b) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, a person interested in the custodial trust property, or a person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative. (c) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee. (d) In an action or proceeding under this chapter or in any other proceeding, the court may require or permit the custodial trustee or the custodial trustee's legal representative to account. The custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts. (e) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property. (f) On petition of the custodial trustee or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 485, 486.

(a) Except as provided in subsection (c), unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee: (1) who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or (2) who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust. (b) Except as provided in subsection (c), a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust, is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust. (c) A claim for relief is not barred by this section if the claimant: (1) is a minor, until the earlier of two years after the claimant becomes an adult or dies; (2) is an incapacitated adult, until the earliest of two years after (i) the appointment of a conservator, (ii) the removal of the incapacity, or (iii) the death of the claimant; or (3) was an adult, now deceased, who was not incapacitated, until two years after the claimant's death. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 486, 487.

(a) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property: (1) to the beneficiary, if not incapacitated or deceased; (2) to the conservator or other recipient designated by the court for an incapacitated beneficiary; or (3) upon the beneficiary's death, in the following order: (A) as last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary; (B) to the survivor of multiple beneficiaries if survivorship is provided for pursuant to section 1237; (C) as designated in the instrument creating the custodial trust; or (D) to the estate of the deceased beneficiary. (b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated. (c) Death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 487.

(a) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of section 1233 are satisfied by: (1) the execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form: TRANSFER UNDER THE VIRGIN ISLANDS UNIFORM CUSTODIAL TRUST ACT I, (name of transferor or name and representative capacity if a fiduciary), transfer to (name of trustee other than transferor), as custodial trustee for (name of beneficiary) as beneficiary and as distributee on termination of the trust in absence of direction by the beneficiary under the Virgin IslVirgin Islands Uniform Custodial Trust Actowing: (insert a description of the custodial trust property legally sufficient to identify and transfer each item of property). Dated: (Signature); or (2) the execution and the recording or giving notice of its execution to the beneficiary of an instrument in substantially the following form: DECLARATION OF TRUST UNDER THE VIRGIN ISLANDS UNIFORM CUSTODIAL TRUST ACT I, (name of owner of property, declare that henceforth I hold as custodial trustee for (name of beneficiary other than transferor) as beneficiary and as distributee on termination of the trust in absence of direction by the beneficiary under the Virgin Islands Uniform Custodial Trust Act, the following: (Insert a description of the custodial trust property legally sufficient to identify and transfer each item of property). Dated: (Signature) (b) Customary methods of transferring or evidencing ownership of property may be used to create a custodial trust, including any of the following: (1) registration of a security in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act"; (2) delivery of a certificated secuVirgin Islands Uniform Custodial Trust Acttransfer of an uncertificated security, together with any necessary endorsement, to an adult other than the transferor or to a trust company as custodial trustee, accompanied by an instrument in substantially the form prescribed in subsection (a)(1); (3) payment of money or transfer of a security held in the name of a broker or a financial institution or its nominee to a broker or financial institution for credit to an account in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act"; (4) regVirgin Islands Uniform Custodial Trust Actinsurance policy or annuity contract with the issuer in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act"; (5) dVirgin Islands Uniform Custodial Trust Actadult other than the transferor or to a trust company whose name in the assignment is designated in substance by the words: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act"; (6) irrevocable exercise of a power of appointment, pursuant to its terms, in favor of a trust company, an adult other than the donee of the power, or the donee who holds the power if the beneficiary is other than the donee, whose name in the appointment is designated in substance: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act"; (7) delivery of a written notification or assignment of a right to future payment under a contract to an obligor which transfers the right under the contract to a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, whose name in the notification or assignment is designated in substance: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act"; (8) execution, delivery, and recordation of a conveyance of an interest in real property in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act"; (9) issuance of a certificate of title by an agency of a state or of the United States which evidences title to tangible personal property: (i) issued in the name of a trust company, an adult other than the transferor, or the transferor if the beneficiary is other than the transferor, designated in substance: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act"; or (ii) delivered to a trust company or an adult other than the transferor or endorsed by the transferor to that person, designated in substance: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act"; or (10) execution and delivery of an instrument of gift to a trust company or an adult other than the transferor, designated in substance: "as custodial trustee for (name of beneficiary) under the Virgin Islands Uniform Custodial Trust Act." History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 487-489.

(a) This chapter applies to a transfer or declaration creating a custodial trust that refers to this subchapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of business in the Virgin Islands or custodial trust property is located in the Virgin Islands. The custodial trust remains subject to this chapter despite a later change in residence or principal place of business of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from the Virgin Islands. (b) A transfer made pursuant to an act of another state substantially similar to this chapter is governed by the law of that state and may be enforced in the Virgin Islands. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 490.

This subchapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 490.

This chapter may be cited as the "Virgin Islands Uniform Transfer to Minors Act." History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

In this chapter: (a) "Adult" means an individual who has attained the age of 18 years. (b) "Benefit plan" means an employer's plan for the benefit of an employee or partner. (c) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. (d) "Court" means the Superior Court of the Virgin Islands. (e) "Custodial property" means (i) any interest in property transferred to a custodian under this chapter, and (ii) the income from and proceeds of that interest in property. (f) "Custodian" means a person so designated under section 1251j; or a successor or substitute custodian designated under section 1251w. (g) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under the territorial or federal law. (h) "Guardian" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. (i) "Legal representative" means an individual's personal representative or guardian. (j) "Member of the minor's family" means the minor's parents, stepparents, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (k) "Minor" means an individual who has not attained the age of 18 years. (l) "Person" means an individual, corporation, organization, or other legal entity. (m) "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. (n) "State" includes the Virgin Islands, any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (o) "Transfer" means a transaction that creates custodial property under section 1251m of this chapter. (p) "Transferor" means a person who makes a transfer under this chapter. (q) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) This chapter applies to a transfer that refers to this chapter in the designation under section 1251p, subsection (a), of this chapter by which the transfer is made if at the time to the transfer, the transferor, the minor, or the custodian is a resident of this Territory or the custodial property is located in this Territory. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from the Virgin Islands. (b) A person designated as custodian under this chapter is subject to personal jurisdiction in this Territory with respect to any matter relating to the custodianship. (c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another jurisdiction is governed by the law of the designated jurisdiction and may be executed and is enforceable in this Territory if at the time of the transfer, the transferor, the minor or the custodian is a resident of the designated jurisdiction or the custodial property is located in the designated jurisdiction. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payer, issuer, or other obligor of the contractual rights. (b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under section 1251m, subsection (a) of this chapter. (c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 1251j of this chapter. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to section 1251j of this chapter. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

A person may make a transfer by irrevocable gift, tangible or intangible to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 1251j of this chapter. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) A personal representative or trustee may make an irrevocable transfer pursuant to section 1251j of this chapter to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has nominated a custodian under section 1251d of this chapter to receive the custodial property, the transfer must be made to that person. (c) If the testator or settlor has not nominated a custodian under section 1251d, of this chapter, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under section 1251j, subsection (a) of this chapter. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 1251j of this chapter, in the absence of a will or under a will or trust that does not contain an authorization to do so. (b) Subject to subsection (c) of this section, a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 1251j of this chapter. (c) A transfer under subsection (a) or (b) of this section may be made only if: (1) the personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor, (2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (3) the transfer is authorized by the court if it exceeds $10,000 in value. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(1) Subject to subsections (b) and (c) of this section, a person not subject to section 1251f or 1251g of this chapter who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 1251j of this chapter. (2) If a person having the right to do so under section 1251d of this chapter has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person. (3) If no custodian has been nominated under section 1251d of this chapter, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

Designation of Initial Custodian; Control (a) Custodial property is created and a transfer is made whenever: (1) an uncertificated security or a certificated security in registered form is either: (A) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act"; or (B) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b); (2) money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act"; (3) the ownership of a life or endowment insurance policy or annuity contract is either registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act"; (4) an irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: "as custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act"; (5) an interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act"; (6) a certificate of title issued by a department or agency of a state or territory of the United States which evidences title to tangible personal property is either: (A) issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act"; (B) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act"; or (7) an interest in any property not described in paragraphs (1) through (6) of this subsection is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b) of this section. (b) An instrument in the following form satisfies the requirements of paragraph (1), subparagraph (B) and paragraph (7) of subsection (a) of this section: "TRANSFER UNDER THE VIRGIN ISLANDS UNIFORM TRANSFERS TO MINORS ACT" I, ____________________ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to ____________________ (name of custodian), as custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act, the following: _Virgin Islands Uniform Transfers to Minors Acthe custodial property sufficient to identify it). Dated: ____________________ ____________________ Signature ____________________ (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Virgin Islands Uniform Transfers to Minors Act. Dated: ____________________ ____________________ (Signature of Custodian) (c) A transferor shall place the custodian in control of the custodial property as soon as practicable. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by: (1) failure of the transferor to comply with section 1251j, subsection (c) of this chapter concerning possession and control; (2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under section 1251j, subsection (a) of this chapter; or (3) death or incapacity of a person nominated under section 1251d of this chapter or designated under section 1251j of this chapter as custodian or the disclaimer of the office by that person. (b) A transfer made pursuant to section 1251j is irrevocable, and the custodial property is indefensibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter. (c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in this chapter. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) A custodian shall: (1) take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on: (1) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or; (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary. (d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ____________________ (name of minor) under the Virgin Islands Uniform Transfers to Minors Act." (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (b) This section does not relieve a custodian from liability for breach of section 1251m of this chapter. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (1) the duty or ability of the custodian personally or of any other person to support the minor, or (2) any other income or property of the minor which may be applicable or available for that purpose. (b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under section 1251e of this chapter, a custodian has a non- cumulative election during each calendar year to charge reasonable compensation for services performed during that year. (c) Except as provided in section 1251s, subsection (f) of this chapter, a custodian need not give a bond. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) the validity of the purported custodian's designation; (2) the propriety of, or the authority under this chapter for, any act of the purported custodian; (3) the validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) the propriety of the application of any property of the minor delivered to the purported custodian. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor. (b) A custodian is not personally liable: (1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault. (c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

Designation of Successor Custodian (a) A person nominated under section 1251d of this chapter or designated under section 1251j of this chapter as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination may nominate a substitute custodian under section 1251d of this chapter; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under section 1251n, subsection (a) of this chapter. The custodian so designated has the rights of a successor custodian. (b) A custodian at any time may designate a trust company or an adult other than a transferor under section 1251e of this chapter as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. (c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian. (d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (b) of this section, an adult member of the minor's family, a guardian of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the guardian of the minor becomes successor custodian. If the minor has no guardian or the guardian declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian. (e) A custodian who declines to serve under subsection (a) of this section or resigns under subsection (c) of this section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received. (f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the guardian of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section 4 or to require the custodian to give appropriate bond. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (1) for an accounting by the custodian or the custodian's legal representative; or (2) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 1251r to which the minor or the minor's legal representative was a party. (b) A successor custodian may petition the court for an accounting by the predecessor custodian. (c) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account. (d) If a custodian is removed under section 1251s, subsection (f) of this chapter, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (1) the minor's attainment of 18 years of age with respect to custodial property transferred under section 1251d, 1251e, 1251f or 1251g; or (2) the minor's death. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

This chapter applies to a transfer within the scope of section 1251c made after its effective date if: (1) the transfer purports to have been made under title 15, chapter 61, Virgin Islands Code (the Virgin Islands Uniform Gifts to Minors Act); or (2) the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts Act to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this chapter is necessary to validate the transfer. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

(a) Any transfer of custodial property as now defined in this chapter made before the effective date of this chapter is validated notwithstanding that there was no specific authority in the Virgin Islands Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. (b) This chapter applies to all transfers made before the effective date of the chapter in a manner and form prescribed in the Virgin Islands Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this chapter. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among jurisdictions enacting it. History: Added Aug. 18, 2001, No. 6423, § 1, Sess. L. 2001, p. 111.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 490.

(a) Except as provided elsewhere in this Act, on the effective date of this chapter: (1) This chapter applies to governing instruments executed by decedents dying thereafter; (2) This chapter applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this Code; (b) Every personal representative including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this chapter and is subject to the duties imposed with respect to any act occurring or done thereafter; (c) An act done before the effective date in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right; and (d) Any rule of construction or presumption provided in this Code applies to governing instruments executed before the effective date unless there is a clear indication of a contrary intent. History: Added Apr. 17, 2019, No. 8169, Chapter II, § 1, Sess. L. 2018, p. 490, 491.

This chapter may be cited as the "Uniform Durable Power of Attorney Act". History: Added Sept. 23, 1991, No. 5718, § 1, Sess. L. 1991, p. 56.

A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time" or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument. History: Added Sept. 23, 1991, No. 5718, § 1, Sess. L. 1991, p. 56.

All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal shall have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. History: Added Sept. 23, 1991, No. 5718, § 1, Sess. L. 1991, p. 56.

(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of his property except specified exclusions, the attorney in fact shall be accountable to the fiduciary as well as to the principal. The fiduciary shall have the same power to revoke or amend the power of attorney that the principal would have had if he were not disabled or incapacitated. (b) A principal may nominate, by a durable power of attorney, the conservator, guardian of his estate, or guardian of his person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification. History: Added Sept. 23, 1991, No. 5718, § 1, Sess. L. 1991, p. 56.

(a) The death of a principal who has executed a written power of attorney, durable or otherwise, shall not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, shall bind successors in interest of the principal. (b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power shall not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable shall bind the principal and his successors in interest. History: Added Sept. 23, 1991, No. 5718, § 1, Sess. L. 1991, p. 56.

Affidavit As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death, disability, or incapacity shall be conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity. History: Added Sept. 23, 1991, No. 5718, § 1, Sess. L. 1991, p. 56.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states and territories enacting it. History: Added Sept. 23, 1991, No. 5718, § 1, Sess. L. 1991, p. 56.

This chapter may be cited as the Uniform Fiduciary Access to Digital Assets Act. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 107.

In this chapter: (1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (3) "Carries" means engages in the transmission of an electronic communication. (4) "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. (5) "Content of an electronic communication" means information concerning the substance or meaning of the communication which: (A) has been sent or received by a user; (B) is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and (C) is not readily accessible to the public. (6) "Court" means the Family Division of the Superior Court of the Virgin Islands. (7) "Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user. (8) "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user. (9) "Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. (10) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (11) "Electronic communication" has the meaning set forth in 18 U.S.C.2510(12), as amended. (12) "Electronic-communication service" means a custodian that provides to a user the ability to send or receive an electronic communication. (13) "Fiduciary" means an original, additional, or successor personal representative, guardian, agent, or trustee. (14) "Guardian" means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian. (15) "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. (16) "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. (17) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (18) "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under law of this territory other than this chapter. (19) "Power of attorney" means a record that grants an agent authority to act in the place of a principal. (20) "Principal" means an individual who grants authority to an agent in a power of attorney. (21) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (22) "Remote-computing service" means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. §2510(14). (23) "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian. (24) "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. (25) "User" means a person that has an account with a custodian. (26) "Ward" means an individual for whom a guardian has been appointed. The term includes an individual for whom an application for the appointment of a guardian is pending. (27) "Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 107-109.

(a) This chapter applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this chapter; (2) a personal representative acting for a decedent who died before, on, or after the effective date of this chapter; (3) a guardianship proceeding commenced before, on, or after the effective date of this chapter; and (4) a trustee acting under a trust created before, on, or after the effective date of this chapter. (b) This chapter applies to a custodian if the user resides in the Virgin Islands or resided in the Virgin Islands at the time of the user's death. (c) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 109, 110.

(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record. (b) If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user. (c) A user's direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 110.

(a) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents. (c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 1304 of this chapter. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 110.

(a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (c) A custodian need not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or some fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) a subset limited by date of the user's digital assets; (2) all of the user's digital assets to the fiduciary or designated recipient; (3) none of the user's digital assets; or (4) all of the user's digital assets to the court for review in camera. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 111.

User If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the death certificate of the user; (3) a certified copy of the letter of appointment of the representative or court order; (4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and (5) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (B) evidence linking the account to the user; or (C) a finding by the court that: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A); (ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section2701 et seq., 47 U.S.C §222, or other applicable law; (iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 111, 112.

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the death certificate of the user; (3) a certified copy of the letter of appointment of the representative or court order; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (B) evidence linking the account to the user; (C) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or (D) a finding by the court that: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A); or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 112, 113.

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (B) evidence linking the account to the principal. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 113.

Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (B) evidence linking the account to the principal. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 113.

Original User Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 114.

Trust When Trustee Not Original User Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the trust instrument; (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (B) evidence linking the account to the trust. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 114.

Not Original User Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the trust instrument; (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (B) evidence linking the account to the trust. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 114, 115.

Person (a) After an opportunity for a hearing under the guardianship law of this territory, the court may grant a guardian access to the digital assets of a ward or protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a ward or protected person and any digital assets, other than the content of electronic communications, in which the ward or protected person has a right or interest if the guardian gives the custodian: (1) a written request for disclosure in physical or electronic form; (2) a certified copy of the court order that gives the guardian authority over the digital assets of the ward or protected person; and (3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward or protected person; or (B) evidence linking the account to the ward or protected person. (c) A guardian with general authority to manage the assets of a ward or protected person may request a custodian of the digital assets of the ward or protected person to suspend or terminate an account of the ward or protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward or protected person's property. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 115.

(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) except as otherwise provided in section 4, is subject to the applicable terms of service; (2) is subject to other applicable law, including copyright law; (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and (4) may not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent, ward, protected person, principal, or settlor has the right to access any digital asset in which the decedent, ward or protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. (d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws. (e) A fiduciary with authority over the tangible, personal property of a decedent, ward or protected person, principal, or settlor: (1) has the right to access the property and any digital asset stored in it; and (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws. (f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) if the user is deceased, a certified copy of the death certificate of the user; (2) a certified copy of the letter of appointment of the representative or court order, power of attorney, or trust giving the fiduciary authority over the account; and (3) if requested by the custodian: (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (B) evidence linking the account to the user; or (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A). History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 115-117.

(a) Not later than 60 days after receipt of the information required under sections 1307 through 1315 of this chapter, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. Section2702. (c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. (d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. (e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which: (1) specifies that an account belongs to the protected person or principal; (2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and (3) contains a finding required by law other than this chapter. (f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 117.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states and territories that enact it. History: Added Apr. 10, 2018, No. 8023, § 1, Sess. L. 2017, p. 117.