What is a Grant of Probate and Letters of Administration? What are the duties of an Executor? How much does a Grant of Probate and Letters of Administration cost? PKWA Law answers these questions.
What is a a Grant of Probate?
When a person passes away, and the deceased person has a will, the beneficiaries need the Executor (who is 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 Executor to deal with the deceased’s estate. The Executor can then direct banks and financial institutions to transfer the money to him pending distribution to the beneficiaries.
The executor must produce the original will when he engages a probate lawyer to apply for Probate.
What are Letters of Administration?
When a person passes away, and the deceased person did not leave behind a 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 then 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 Administration of Muslim law Act (for Muslims).
Duties of the Executor
The Executor is responsible for administering the estate. He is an essential person in the probate process. Because the Executor has to collect the deceased assets, the assets flow to him before he distributes 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. 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.
Who can act as the Administrator?
If the deceased did not make a Will, the administrator would have to be appointed by the Court to administer the estate. The administrator will usually be the spouse or one of the next-of-kin of the deceased.
Probate Singapore – Our Probate Fixed Fees
PKWA Law is a leading specialist family law firm. At PKWA Probate Law, we provide probate guidance for clients after the death of a loved one. After your loved one’s death, we help you to unlock the assets belonging to the deceased so that you and your family can access them, pay off the deceased’s debts and distribute the assets to the lawful beneficiaries.
Our Probate fees are transparent and affordable:
Grant of Probate – $1,200
Letters of Administration – $1,500
* Our fees do not include disbursements and GST.
Procedure for filing a Probate application
There are 3 main stages of filing a probate application in Singapore. The 3 stages are as follows (source: Family Justice Court):
ABOUT PKWA LAW
The Straits Times, together with international market researcher Statista, conducted the first-ever survey to identify Singapore’s best law firms in 15 different areas of legal practice. We are ranked by the Straits Times as one of Singapore’s Best Law Firms in 5 different areas, including in Family Law and Inheritance & Succession Law.
Our divorce lawyers, probate lawyers and wills lawyers are also consistently ranked as leading family lawyers by respected publications such as the Asian Legal Business, Benchmark Litigation Asia Pacific and Doyles’ Guide.