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Tully Law
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  • Probate Reform

Probate Reform in the U.S. Virgin Islands

Addressing a long-standing problem

Understanding Bill No. 36-0277 and the effort to modernize probate law in the U.S. Virgin Islands

In January 2026, Superior Court Presiding Judge Jessica Gallivan reported that, at the close of fiscal year 2025, approximately 801 probate cases remained active throughout the Territory. Remarkably, the oldest cases dated back to 1985 on St. Thomas and 1992 on St. Croix.


The Judiciary's fiscal year 2024 annual report documented 733 pending probate matters at the end of that fiscal year. Although the Superior Court resolved 394 probate cases against 293 new filings during FY2024, a substantial number of cases remained unresolved.


The Judiciary has undertaken efforts to address delays through electronic filing, improved case management, and staffing adjustments. Nevertheless, longstanding challenges remain, including complicated family ownership structures, missing heirs, contested estates, and limited administrative resources.

Sources:

Virgin Islands Legislature — January 30, 2026 Hearing on Heirs' Property and Prolonged Probate

Judiciary of the U.S. Virgin Islands — Annual Reports


Why Probate Delays Matter

Probate is the legal process through which a deceased person's estate is administered, debts are addressed, and property is distributed to the appropriate heirs or beneficiaries.


When that process is delayed, the consequences extend far beyond the courthouse.

The U.S. Virgin Islands has a particularly complicated history of inherited property ownership. Many parcels have passed through several generations without the estates of prior owners being formally administered. Over time, identifying all persons entitled to an ownership interest becomes increasingly difficult.


This can create significant obstacles for families seeking to sell inherited property, obtain financing, secure clear title, undertake substantial improvements, or resolve disputes among heirs.


Unresolved estates also affect the broader community. Properties with uncertain ownership may remain vacant or deteriorate because no individual has clear authority to maintain, sell, or redevelop them.


These concerns were specifically addressed during the Legislature's January 2026 hearing on heirs' property, prolonged probate, and vacant historic properties.

Probate reform is therefore more than a matter of improving court procedures. It is closely connected to the preservation of family wealth, the transferability of real estate, housing availability, and economic development throughout the Territory.


How Could Probate Reform Help?

One of the most consequential proposed changes is the creation of separate informal and formal probate procedures.


Under the existing framework, routine estate administration generally requires greater judicial involvement. The proposed system would permit qualifying uncontested matters to proceed administratively through the Clerk of Court.


If properly implemented, this approach could reduce the number of routine matters requiring judicial hearings, allowing judicial resources to be concentrated on contested or complex proceedings.


For families, the potential benefits include reduced administrative delays, more predictable procedures, and lower estate administration expenses.


The proposed legislation also provides opportunities to clarify inheritance rights and procedures involving property owned by deceased nonresidents.


However, statutory reform alone cannot eliminate the probate backlog. Successful implementation will also depend on adequate court staffing, administrative procedures, updated court rules, appropriate forms, and resources to address longstanding estates.


October 22, 2026 Legislative Hearing

The Committee on Rules and Judiciary of the 36th Legislature, chaired by Senator Carla J. Joseph, has scheduled consideration of Bill No. 36-0277 for October 22, 2026.

Attorney Jessica C. Tully has been invited to provide testimony concerning the proposed legislation. The hearing will be held at the Earle B. Ottley Legislative Hall on St. Thomas, with Block III scheduled to begin at 2:00 p.m. The hearing provides an opportunity for legislative consideration of the proposed statutory reforms, their practical implications, and the administrative measures necessary for implementation.


Legislative Documents and Additional Resources


Bill No. 36-0277 — Proposed Probate Code

Read the Complete Bill (181-page PDF)

Official Legislative Record

Track Bill No. 36-0277

Legislative Research on Probate Delays

January 2026 Hearing on Heirs' Property and Prolonged Probate

Judicial Caseload Information

Judiciary of the U.S. Virgin Islands — Annual Reports

Additional Probate Reform Background

AARP Virgin Islands — Collaborative Effort to Modernize Probate Laws


Looking Ahead

The Virgin Islands has an opportunity to address longstanding challenges in the administration of estates and the transfer of inherited property.

Effective probate reform requires both a modern statutory framework and the institutional resources necessary to implement it. The ultimate measure of success will be whether families can resolve estates more efficiently, establish clear ownership of inherited property, and preserve assets for future generations.

This page will be updated as Bill No. 36-0277 progresses through the legislative process.


Tully Law's Probate Reform Research and White Paper

As part of the legislative review process, Jessica C. Tully, Esq., prepared a comprehensive legal and policy analysis of Bill No. 36-0277, which can be viewed and downloaded below.


The research examines the history of probate reform in the Virgin Islands, the existing statutory framework, the proposed legislation, its potential benefits, and technical and administrative considerations associated with implementation.


The analysis also identifies proposed statutory amendments intended to preserve existing estate planning protections, address small-estate procedures, and facilitate a coordinated transition to a modern probate system.


Proposed Probate Reform: Bill No. 36-0277

Senator Novelle E. Francis, Jr. introduced Bill No. 36-0277 on May 8, 2026, proposing a comprehensive modernization of the Virgin Islands probate laws.


The legislation would establish a new framework governing inheritance, wills, estate administration, and related procedures.


The proposed legislation draws upon the Uniform Probate Code, a model statutory framework developed to promote consistency and efficiency in estate administration.


Among its most significant proposed changes are:


Simplified administration of uncontested estates. The bill would establish an informal probate process through which certain uncontested estates could be administered through the Clerk of Court without requiring a judicial hearing for every procedural step.


Formal proceedings for contested estates. Estates involving disputes, contested wills, or other issues requiring judicial resolution would continue to have access to formal court proceedings.


Modernized inheritance laws. The legislation would revise the rules governing how property passes when an individual dies without a will, including provisions addressing surviving spouses, children, and blended families.


Updated creditor procedures. The bill would establish revised notice requirements and deadlines for creditors to present claims against estates.


Procedures for nonresident estates. The legislation would provide a more comprehensive framework for administering Virgin Islands assets belonging to persons who died while residing outside the Territory.


Additional estate administration procedures. The bill would address matters including wills, estate-tax apportionment, property disclaimers, and the responsibilities of personal representatives.

Together, these proposals are intended to create a more modern and administratively workable probate system.

Read the Full Text of Bill No. 36-0277 (PDF)

View Bill No. 36-0277 — Official Legislative Status and History

Find out more

Tully White Paper on Probate Reform

Tully White Paper on Bill No. 36-0277

Download PDF

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