Wills, Probate, and Intestacy in The Bahamas: Inheritance & Estate Administration Guide
Complete legal guide to estate administration in The Bahamas: the Inheritance Act, intestacy distribution rules, Supreme Court Probate Division filings, and resealing foreign grants.
Whether you are a Bahamian citizen managing a family estate or an international investor holding vacation real estate and bank accounts in Nassau or the Family Islands, understanding Bahamian succession law is essential. Estate administration in the Commonwealth of The Bahamas is governed by the Wills Act, the Inheritance Act (Chap. 116), and the Probate and Administration of Estates Act.
1. Dying Without a Will in The Bahamas (Intestacy Rules)
Before the enactment of the modern Inheritance Act, The Bahamas followed archaic common-law primogeniture where the eldest son inherited all real estate. Today, primogeniture is completely abolished. Under the Inheritance Act, an intestate estate is distributed equally between men and women as follows:
| Surviving Family Members | Statutory Distribution Under the Inheritance Act |
|---|---|
| Surviving Spouse Only (No Children/Issue) | The surviving spouse inherits 100% of the residuary estate. |
| Surviving Spouse & Children | The spouse receives 50% (one-half) of the estate, and the remaining 50% is divided equally among all children. Furthermore, the surviving spouse is entitled to occupy the matrimonial home! |
| Children Only (No Surviving Spouse) | 100% of the estate is shared equally among all children. |
| No Spouse and No Children | Passes to surviving parents equally; if none, to brothers and sisters equally. |
2. Applying for a Grant of Probate or Letters of Administration in Nassau
- Retaining a Bahamian Counsel & Attorney: All applications to the Probate Division of the Supreme Court of The Bahamas in Nassau must be filed through a licensed Bahamian attorney.
- Advertising the Notice of Application: A formal legal notice must be published in The Bahamas Official Gazette and a national daily newspaper (such as The Tribune or The Nassau Guardian) for three consecutive weeks to allow any caveats to be lodged.
- Filing the Probate Package: After the 21-day notice period expires without objection, the attorney lodges the Petition, Original Will (if any), certified Death Certificate, Oath of Executor/Administrator, Affidavit of Attesting Witness, and an Estimate of the Value of the Estate.
- Issuance of the Grant: Once examined and approved by the Registrar of the Supreme Court, the formal Grant of Probate or Letters of Administration is issued.
3. Foreign Investors: Resealing a Foreign Grant vs. Making a Bahamian Will
If a foreign national who owns real estate or bank deposits in The Bahamas passes away leaving a Will probated in the United Kingdom, Canada, or a U.S. state:
- Resealing (Commonwealth & U.S. Probate Courts): Under the Probate and Administration of Estates Act, a Grant of Probate issued by a court of probate in the UK, a Commonwealth nation, or a U.S. state can be resealed by the Supreme Court of The Bahamas, giving it full legal effect locally.
- Pro Tip for Foreign Property Owners: Most Bahamian estate attorneys advise foreign property owners to execute a separate Bahamian Will limited strictly to their Bahamian assets. This allows probate to proceed immediately in Nassau without waiting months or years for foreign probate courts to conclude first.
Frequently Asked Questions
Is there any inheritance tax or estate tax in The Bahamas?
No. The Bahamas levies zero inheritance tax, zero estate duty, and zero capital gains tax on inherited property or financial accounts.
Does The Bahamas recognize common-law marriages for inheritance?
No. Unlike Jamaica, Trinidad, and Barbados, The Bahamas does NOT recognize common-law spouses under the Inheritance Act. An unmarried partner has no automatic right to inherit upon intestacy unless explicitly named in a valid Will.
How long does probate take in The Bahamas?
An uncontested application for a Grant of Probate or Resealing in the Supreme Court of The Bahamas typically takes between 4 to 8 months from filing.
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