“How long is this going to take?”
As an attorney handling probate in Trinidad and Tobago, this is the very first question I get from grieving families. The honest answer is usually a tough pill to swallow. While clients often hope to wrap up an estate in a few months, the reality of our current system means that obtaining a Grant of Probate or Letters of Administration can take significantly longer.
Probate can be notoriously slow, but understanding the why can help manage your expectations and prevent unnecessary frustration.
Here is a look behind the curtain at the true timeline of probate in Trinidad and Tobago, and what you, as an executor, can do to keep things moving.
The High Court Probate Registry Backlog
The biggest factor affecting your timeline is the sheer volume of applications sitting at the High Court. To put things in perspective, there are thousands of pending probate matters in the system. Every single year, over thousands more new Grants of Representation cases are filed, with each application typically ranging between 15 to 85 pages long.
The Probate Registry staff must carefully review thousands of these applications annually to determine if they comply with the law. With this heavy caseload and the complexities involved in verifying entitlements, even a perfectly drafted application takes time to process.
Why Do Applications Get Delayed?
Aside from systemic backlogs, the number one cause of delays is errors in the applications themselves. The Judiciary has openly noted that roughly 80% of applications are returned to attorneys with significant and justified queries.
What causes a query in the probate application?
It can be as simple as a misspelled middle name. A common example can be, the deceased’s middle name was spelled “Anna” on the birth certificate, but was recorded as “Ana” by a registry clerk.
If this issue is not identified before the application is filed, this will trigger a query from the Probate Registry to verify the deceased’s name. When a query is issued, your attorney must file additional affidavits or correct the documents, which pushes your application back down the line.
The Judiciary noted that these back-and-forth delays can add months and even years to the probate process.
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What Executors Can Do to Prevent Delays in Probate Process
While we cannot control the High Court’s backlog, we can control the quality of the application we submit. Here is how you can help your attorney get it right the first time:
- Gather pristine documents: Ensure you have original, computerized birth, death, and marriage certificates.
- Check for discrepancies: Review all names on the Will, the death certificate, and ID cards. If your father was “John Alexander Doe” on his birth certificate but simply “John Doe” on his Will, point this out immediately so your attorney can draft the necessary alias affidavits before the court queries it.
- Locate all assets first: A Grant is based on the assets listed in the inventory. It is important to attempt to compile all the information in relation to the assets to allow the compiling of the inventory to go as smoothly as possible.
- Choose experienced counsel: The Judiciary has pointed out that poor quality applications from practitioners without a proper understanding of the legal requirements contribute heavily to delays. Work with an attorney who focuses on probate law and understands the exact standards required by the registry.
Read more on how can an executor of a Will prepare for Probate without feeling overwhelmed.
Probate is a marathon, not a sprint.
While the delays can be distressing, especially when bank accounts and property remain tied up, patience and meticulous preparation are your best defenses.
By working closely with your estate probate lawyer to submit a bulletproof application, you can navigate the backlog as smoothly as possible and secure your family’s assets.
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