Curator of Interstate Estates
The Curator of Intestate Estate Department is headed by the Curator who is appointed by the Public Service Commission. The Curator is responsible for the collection, management and administration of estate. The Curator of Intestate Estate could assume the responsibility of administering an estate if: a person has died intestate; ( meaning they did not leave a will, or some assets are not disposed of by their will) the deceased, having made a will devising or bequeathing his or her estate, has omitted to appoint as executor; the person named as executor in the will have renounced probate of it; probate or letters of administration with the will annexed has not been obtained within six months from the death of the testator; or the deceased has named the Curator as sole executor of his or her will, If upon the Curator being aware of the existence of the above, the Curator will then apply to the Court for an order of an order authorizing him or her to administer the estate of the deceased person.
PROCEDURE FOR ADMINISTRATION FOR BENEFICIARIES
When the office of the Curator ia aware that a person has died intestate, the procedure to administer the estate of the deceased is in three stages as follows The beneficiaries are asked to fill declaration Form (D form). Detail information about the deceased his or her estate and beneficiaries are provided in said form. There shall be a witness to that effect and the D Form shall be submitted with photocopies of death certificate of the deceased, birth certificates of the children of the deceased and marriage certificate of the widow or widower In the absence of a marriage certificate, an affidavit may be deposed to by a person who is aware of the marriage. Upon completion and submission for the D Form, the Curator will then sause the notice to be published in the Gazette for a period of fourteen days. The Curator shall then apply to the court for an order to administer the estate of the deceased person; and the court if satisfied shall grant the order. When the above process is completed, the curator then has power over all the estate of the deceased. The Curator can also administer an estate without notice if he/she obtain an order to administer the estate of the person, where the Court is statisfied that the estate will probably be purloined, lost, destroyed or damaged, or that great expense will be incurred by delay in the matter. The Curator also has a limited mandate to administer the estate of a non ECOWAS national who died in The Gambia while an employee of the Public Service. In the case of the afore-mentioned persons, the Curator is limited to the following To realize the assets of the deceased within the jurisdiction Pay his or her funeral and tesamentary expenses Pay all the debts of the deceased Remit the balance to the legal representatives of the deceased who are not within the jurisdiction. It is also the mandate of the Curator to furnish to the Minister of Justice every year a statement showing the amount of money received, paid and expended in each case of the estates being administered and administered by him/her. Read more