Applying For Probate

[Barquentine]

If someone dies without a will, their property is inherited according to the rules of intestacy. Next of kin have the right to apply for the grant of representation or probate, but where do you apply if the only next of kin is overseas, like say in St Lucia. Do they apply over there and then get it resealed here? Thanks.

[heathfield]

You'd need to contact a company that deals with these things. Different countries, different rules. A complex subject best left to experts. Example only, not any form of recommendation...)

http://www.iwc-ltd.co.uk/overseas-probate.html

[Buenchico]

As I read the question, the deceased person lived in the UK but the only person qualifying as 'next of kin' lives in St Lucia. My answer, below, is based upon that assumption.

If the testator was normally resident in the England or Wales then the application for a Grant of Representation must (in most circumstances) be made to the Probate Registry covering the place of residence:
http://www.justice.gov.uk/courts/probate/probate-registries

The Probate Service will prepare an oath, which must be sworn (or affirmed) by the applicant. However it's not necessary for the applicant to attend the Probate Registry in person. They can choose to swear/affirm at any office of a Commissioner for Oaths (which usually means a solicitor), which does not have to be in the UK.

However the Colonial Probates Act 1892, together with the Colonial Probates Act Application Order 1965, provides for the 'resealing' of Letters of Administration granted by courts in certain overseas territories (including St Lucia):
http://www.justice.gov.uk/courts/probate/reseals

So EITHER method of applying for the grant could be used. If help was needed in finding a suitable Commissioner for Oaths in St Lucia, the British High Commission in Castries might be able to assist:
https://www.gov.uk/government/world/organisations/british-high-commission-castries

[factor-fiction]

I read this the same way as Buenchico did