Probate in Singapore: A Guide to the Probate Process
What is a Grant of Probate?
When a person passes away, and the deceased person has a valid will, the beneficiaries need the Executor (the person named in the Will) to apply to the court for a Grant of Probate. When the court issues probate, it confers authority to the Executor to deal with the deceased’s estate. The Executor can then direct banks and financial institutions to transfer the money pending distribution to the beneficiaries.
The executor must produce the original will when they engage a probate lawyer to apply for Probate.
Why Is Probate Important?
Even if a valid Will exists, a Grant of Probate is usually required before banks, insurers, and government agencies will release or transfer the deceased’s assets. Without probate, personal representatives often cannot legally collect or distribute the estate.
Probate provides:
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Legal authority for the executor to act.
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Protection against personal liability, by ensuring duties are discharged under Court supervision.
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Recognition of the deceased’s wishes as set out in the Will.
When Do You Need a Grant of Probate?
You’ll generally need probate when:
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The deceased left a valid Will.
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The estate’s value exceeds the threshold where legal authority is required to release assets (commonly above $50,000 in Singapore).
If the estate is small or consists of only certain types of assets, other procedures (like Public Trustee administration) may be available, but probate is often the standard route when a Will exists.
If there is no valid will, you’ll need Letters of Administration
When a person passes away, and the deceased person did not leave behind a valid will, the beneficiaries need the personal representative (known as the “Administrator”) to apply to the court to obtain Letters of Administration. When the court issues Letters of Administration, the Administrator can collect or sell the deceased assets and distribute them to the rightful beneficiaries.
The administrator is usually the spouse or one of the next of kin of the deceased.
As there was no will, the administrator will have to distribute the assets in accordance with the Intestate Succession Act (Cap 146) (for non-Muslims) or by the Administration of Muslim Law Act (for Muslims).
Probate vs. Letters of Administration
| Grant of Probate | Letters of Administration |
|---|---|
| Required when a valid Will exists | Used when no valid Will exists |
| Executor named in Will applies | Next-of-kin or legal heir applies |
| Estate distributed per Will | Estate distributed under law (e.g., Intestate Succession Act) |
| Executor has priority authority | Administrator appointed by court |
If the executor cannot or will not act, or if no executor is named, the Court may grant Letters of Administration with the Will annexed, which functions similarly but is grounded in intestacy law.
Who Can Apply for Probate?
Only the executor(s) named in the deceased’s Will can apply for a Grant of Probate. The executor is the person the deceased trusted to carry out their final wishes. If no executor is named, or if the named executor cannot act, the Court may issue Letters of Administration with the Will annexed instead.
Duties of the Executor
The Executor is responsible for administering the estate. Therefore, they are an essential person in the probate process. In addition, because the Executor has to collect the deceased assets, the assets flow to them before distributing them to the beneficiaries. Hence, if you are making a will, you should select the Executor with care.
The Executor has strict duties to distribute the estate according to the Deceased’s Will. However, there are a few things that the Executor must do.
The Executor must:
- Find out what assets the deceased has and their value.
- First, pay the debts of the deceased. The debts include IRAS taxes, credit card debts, housing and vehicle loans and personal loans.
- Distribute the balance of the assets to the beneficiaries in accordance with the instructions in the will.
What happens if no Executor is named in the Will?
If the deceased did not name an executor in their Will, the court will appoint a person who is suitable to manage the deceased person’s estate. In this situation, the grant extracted is known as Grant of Letters of Administration with the Will annexed, instead of a Grant of Probate.
Stages of the Probate Process in Singapore
The process can usually be done within 1-2 months in usual circumstances. However, there are 3 main stages involved, and given the complexity involved, it is highly advisable to employ a lawyer to handle the process for you.
- Filing the application
- Providing the supporting Affidavit and OIT of Summons, Schedule, Sureties
- Extracting the Grant
Stage 1
Your probate lawyer will file:
- Originating Summons (cause book searches), Statement, Administration Oath
- CTC of Death Certificate or Order of Court for the presumption of death of Deceased
- Renunciation
- CTC of will & codicil (if any), including translation (if any) certified by a lawyer)
- Foreign Grant (for resealing of foreign grant);
- Consent of Co-administrator (if any);
- Inheritance Certificate (for Muslims);
- Others, e.g. Court Orders, Affidavit of Foreign Law
Stage 2
- Supporting Affidavit (to be filed within 14 days from the filing of OS)
- Supplementary Affidavit (if Schedule is not filed in Supporting Affidavit)
- Others, eg. Summons for Dispensation of Sureties, Affidavits, Orders of Court etc. (if there are vulnerable beneficiaries or Family Division of the High Court cases)
Stage 3
- Request to Extract Grant
- Administration Bond
- Request to Extract Memorandum of Resealing
- *The executor is under a duty to distribute the assets in accordance with the Will.
How Long Does Probate Take?
In straightforward, uncontested cases, obtaining probate typically takes between 1 to 6 months. Complex estates, disputes among beneficiaries, or missing documents can extend this timeline.
When should I apply for Grant of Probate?
It is best to apply for a Grant of Probate as soon as possible after a loved one passes away. This allows the deceased’s properties and assets to be collected and distributed to the rightful beneficiaries without unnecessary delay. At PKWA Law, our probate lawyers can guide you through the process quickly and efficiently, helping families avoid complications from frozen bank accounts or outstanding liabilities.
Why Engage a Probate Lawyer?
Probate involves strict legal documentation and procedural requirements. A specialist lawyer can help with:
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Preparing court-ready documents.
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Handling complex estates or disputes.
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Advising on cross-border assets, tax, or creditor issues.
Legal advice helps avoid costly delays or errors during the probate process. Engaging a probate lawyer is relatively inexpensive in Singapore, and it makes sense to engage an experienced probate lawyer to help you with the probate process.
Contact Us Now
If you would like clarity on your options or next steps, speak to our probate lawyers at PKWA Law for a confidential discussion. Visit our practice area page for further information, or use the Contact Us form below.
