How to Transfer Land Title in Jamaica After a Parent's Death

Question from Roberts, UK:

"Hi, my mother in Jamaica has been dead 24 years now as of March. She has left land for me. How do I go about the death duty and taking off her name which is still on the land title to putting the land title into my name?"

Answer by Wellesley:

Hi Roberts, sorry to hear about your mother’s passing. Since it has been 24 years since her passing and the land title is still in her name, you will need to go through several steps to transfer the land title to your name in Jamaica. Here's what you need to do:

1. Obtain a Grant of Probate or Letters of Administration: If your mother left a will, the executor named in the will must apply for a Grant of Probate through the Supreme Court of Jamaica. If there is no will, you will need to apply for Letters of Administration to prove your entitlement to the property as a beneficiary.

2. Pay Transfer Tax and Stamp Duty: Before the property can be legally transferred, you must settle the Transfer Tax and Stamp Duty. The Transfer Tax is typically 2% of the property’s market value, and Stamp Duty is 4%. Consult with a lawyer or the TAJ for guidance on exemptions or reductions.

3. Obtain a Valuation Report: A valuation report prepared by a certified valuer in Jamaica is necessary to determine the property’s market value. This report is a key requirement for the transfer process.

4. Application to the National Land Agency (NLA): Submit the required documents to the NLA to initiate the transfer. These include the original Certificate of Title, Transfer Instrument Form, Grant of Probate or Letters of Administration, Valuation Report, and proof of payment of taxes and duties.

5. Consider Legal Assistance: Given the complexity of the process, it is advisable to engage a lawyer specializing in property law and estate matters in Jamaica to ensure all legal requirements are met and the process proceeds smoothly.