Changing Name Of Deceased On A Title In Jamaica To A Living Relative

When a property owner dies, one of the issues regarding the estate is to change the name on the Certificate of Title of any property he or she may have owned in Jamaica. How this transfer takes place will depend on how the property was owned by the deceased, for example, whether it was owned solely by the deceased or owned jointly with one or more persons who are still alive.
There are two ways in which two or more persons can own property jointly in Jamaica; as Joint Tenants or Tenants in Common.

1. Joint Tenants in Jamaica West Indies

Where the Certificate of the title of the property in Jamaica West Indies is held as joint tenancy, then the surviving co-owner(s) is now automatically the owner of the property. No probate will be necessary to transfer ownership, only an application to note the death of the deceased.

Documents needed:

• Certified copy of the Death Certificate of deceased
• Revenue affidavit
• Application to note the Death
• Duplicate Certificate of Title

Fees and charges:

• Attorney’s fees
• Government fees

2. Tenants In Common (Jamaica W.I.)

If the deceased owns the property as Tenants in Common with another person, the position is that their share of the property must be dealt with in accordance with their Will, or if there is no Will, according to the Rules of Intestacy.

For the property to be transfer, the Executor (where there is a Will), or the Administrator (if there is no Will), will need to make an application in the Court for a Grant of Probate or letter of Administration respectively. After which the National Land Agency will then transfer the property into the name of the new owner, where the relevant application is made.

3. Sole ownership

Where the property in Jamaica is owned in the deceased person’s name only, the same rules applied as when owned as tenants in common. Where there is a Will, the executor will have the Will probated to transfer to the beneficiary of the will. Where there is no will, a letter of administration would have to be obtained by the Administrator of the estate, who then can distribute the property according to Law.

Documents needed:

• Certified Copy of probate/Letters of Administration
• Duplicate Certificate of Title
• Stamp Commissioner’s Certificate

Application to be registered on transmission Fees and Charges:

• Attorney’s Fees
• Government fees