Worthing Borough Council

Probate and Estate Administration

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01273 263034

jemma.seaton@adur-worthing.gov.uk

If a next of kin died with a will in place this will name the executor of the will, the person who should deal with the distribution of the estate.

If a relative has died without a will in place, this is call dying intestate; and their next of kin is legally required to ‘administer the estate’.

This means they must follow the ‘rules if intestacy’ and manage all the activities involved in closing down the deceased estate. This would include:

• Getting valuations on any  properties
• Collection and distribution of the estate
• Paying any taxes from the estate if necessary
• Legal and administrative activities

Obtaining Probate

The purpose of probate is simple, to pay debts the deceased owes and to transfer any assets to the beneficiaries of the Will or next of kin.

In some circumstances the Executor of the Will or the Administrator of the Estate must apply for probate. This means they are applying for permission to deal with the deceased estate. Probate is required when:

• When a property is held in the sole name of the deceased or as tenants in common
• When the deceased held financial assets worth £5000 or more with banks or building societies
• When banks or building societies holding the assets require a grant of probate to release the funds
• When the deceased benefited from a trust during their lives.

Who can apply for a Grant?

 If the deceased has not made a will a Grant can be made by the next of kin, usually in the following order:

• Husband, wife or civil partner
• Sons or daughters
• Parents
• Brothers or sisters
• More distant relatives including cousins and aunts and Uncles

There are two types of Grant of representation (when probate has been granted):

1. The Grant of Probate when there is a Will
2. Letters of Administration, in situations where there is no Will.

Probate can be a very long and time consuming process and there are professional legal organisations that can act on your behalf and complete this process for you for a fee.

There are websites that explain the process and others that can offer advice and support:

• The Probate Service
  Part of the Government's court service which issues probate. Some of the forms required can be downloaded from this site. Also gives details of local probate registries
• Probate & Inheritance tax helpline
  Telephone: 0845 302 0900 Monday to Friday, 9.00am-5.00pm
  Provided by Her Majesty's Revenue and Customs and can send forms for probate in the post as well as answering questions.
• The Bereavement Advice Centre
  Telephone: 0800 634 9494 Monday to Friday, 9.00am-5.00pm
  Can provide information and advice and support when dealing with a death.   

Probate Office

The nearest Probate Office for the Worthing area is:

• Brighton District Probate Registry
  William Street
  Brighton
  BN2 2LG
• Telephone: 01273 573510
• E-mail: brighton.dpr@hmcourts-service.gsi.gov.uk

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