Probate is an official recognition by the Singapore Family Justice Court that a deceased’s Will is legally valid, and the Executor has been granted authority to administer the deceased’s estate.
Probate applications are filed at the Singapore Family Justice Courts
WHAT IS PROBATE?
In the event of a death in the family, you will need a Grant of Probate or Letters of Administration.
Probate is actually just a piece of paper – a document issued by the Singapore Family Court – confirming that an executor has the right to wind up the ‘estate’ of someone who has died.
The ‘estate’ is the house, assets, money, savings and other valuables left by someone when they die.
The ‘Executor‘ is the person named in the Will to sort out the estate. The Executor is the person who makes sure it goes to the people named in the Will.
Probate is thus an official recognition by the Singapore Family Justice Court that a deceased’s Will is legally valid, and the Executor has been granted authority to administer the deceased’s estate.
Do I need probate?
In almost all cases – yes. You will need a Grant of Probate as most deceased persons will leave behind assets, including bank accounts.
Who can apply for probate?
The executor of a Will is the person entitled to apply to the court a grant of probate. The Executor of a Will is the person named by the deceased to administer his Will.
How do I apply for Probate in Singapore?
To obtain Grant of Probate in Singapore, you need to file the necessary papers at the Singapore Family Justice Court.
At PKWA LAW, we normally are able to obtain Grant of Probate in about 1 month for straightforward applications.
Fixed Fees for Grant of Probate & Letters of Administration
Our fixed probate fees are among the cheapest and lowest because of economies of scale. Our fees are as follows:
What is the Executor’s role?
The executor “stands in the shoes” of the person who has died and looks after their estate for the deceased person. The executor’s role varies with the type of estate of course, but in general the executor:
Finds out details of assets and debts
Engages a probate lawyer to apply to court for Grant of Probate
Collects the deceased person’s assets
Pays any outstanding taxes and debts, and then
Distributes the estate to the beneficiaries named in the Will.
The Executor’s job is as follows:
Check if there’s a will. If there is a will, the named Executor in the will applies for Grant of Probate.
If there’s no will, the next of kin can apply for Letters of Administration.
Collect the estate’s assets ( money from the sale of the person’s property, collect the monies in the person’s bank accounts).
Pay any debts.
Distribute the estate – this means giving any property, money or possessions to the beneficiaries.
If there is no Will
If there is no will, the estate has to be handled by an “administrator” rather than an executor. The administrator applies for “Letters of Administration” instead of probate. The person who is administering the Letters of Administration does the same job as the Executor in probate. The administrator thus gathers the assets and distribute them to beneficiaries.
Since there is no Will to say who should inherit the estate, it goes to the next-of-kin according to a formula set out by in the Intestate Succession Act.
At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore family lawyers by respected independent legal publications such as Asian Legal Business, Singapore Business Review, Global Law Experts and Doyle’s Guide to Singapore Family Lawyers.
Contact us at tel 6854-5336 for a free first consultation.
Keen to discuss more? Contact PKWA Law today for your free consultation.