Probate Lawyer Singapore – Grant of Probate & Letters of Administration

A Grant of Probate is issued when the deceased left behind a valid Will. The executor named in the Will applies for this Grant, which authorises them to collect the deceased’s assets, pay debts, and distribute the estate according to the Will.

By contrast, Letters of Administration (LOA) are required when the deceased passed away without a valid Will. The Court appoints an administrator—usually a spouse or close family member—to manage and distribute the estate. Distribution must follow the Intestate Succession Act (for non-Muslims) or Muslim inheritance laws.

The main difference lies in whether a Will exists: Probate follows the deceased’s wishes, while Administration follows statutory rules.

The cost depends on the size and complexity of the estate. We provide fixed transparent fees:

• $1,390 – for estates under $500,000 with no property or minor beneficiaries.
• $2,390 – for estates under $3 million.
• Larger Estates – Fees depend on estate value and complexity.

When there is no Will, the right to apply follows a strict legal order: spouse, children, parents, siblings, nephews/nieces, grandparents, and then aunts/uncles.

If a person higher in priority does not wish to act, they must renounce their right in writing. In practice, the spouse or eldest child commonly applies.

Administrators have a fiduciary duty to act in the best interests of all beneficiaries. If there are minor beneficiaries, the Court may also require sureties (guarantors) to safeguard the estate.

For uncontested cases with complete documents, a Grant of Probate or LOA can usually be obtained within 4–6 weeks.

However, the process may extend to several months if:

• There are disputes among beneficiaries.
• The estate includes overseas assets.
• There are minor beneficiaries requiring sureties.
• Asset valuations or tracing are needed.

Experienced probate lawyers help avoid unnecessary delays by ensuring compliance with procedural and statutory requirements.

No. Some assets bypass probate entirely:

• CPF savings with valid nominations
• Insurance policies with nominated beneficiaries
• Joint tenancy property, which passes automatically to the surviving owner
• Joint bank accounts, which pass to the surviving account holder

A Grant is typically required for sole-owned property, bank accounts, investments, vehicles, and business assets.

If the deceased had assets in Singapore but the main Grant of Probate or LOA was issued overseas, the foreign Grant must often be resealed by the Singapore High Court before it is recognised locally.

Resealing is available for Grants from Commonwealth countries and Hong Kong. Once resealed, executors can manage Singapore assets without starting the process afresh. If the Grant is from a non-Commonwealth country, a fresh application in Singapore may be required.

Resealing usually takes 2–3 months if documents are in order. It is advisable to engage a lawyer to ensure compliance with Singapore’s procedural rules.

Once an executor (for a Grant of Probate) or an administrator (for a Grant of Letters of Administration) receives the court order, their legal duties begin immediately. In Singapore, they are legally responsible for collecting, managing, and distributing the estate according to the will (if one exists) or the Intestate Succession Act (if no will exists).

Here’s a clear breakdown of what they must do:

1. Secure and safeguard the estate

• Notify banks, insurers, and financial institutions of the deceased’s death.
• Ensure property, valuables, and accounts are protected (e.g. lock property, keep rental income separate).
• Close or freeze accounts until distribution.

2.  Identify and collect all assets

• Bank accounts, insurance payouts, investments, and properties.
• Ensure all relevant institutions have received the Grant of Probate / Letters of Administration before releasing assets.

3.  Settle debts and liabilities

• Pay off outstanding loans, taxes, credit cards, or funeral expenses.
• Ensure debts are discharged before distributing the estate - otherwise, the executor/administrator can be held personally liable.

4.  Prepare an estate account

• Maintain a clear record of all monies collected, debts paid, and distributions made.
• Beneficiaries are entitled to request an account, so transparency is key.

5.  Distribute assets

• f there is a valid will: distribute assets according to the terms of the will.
• If there is no will: distribute assets according to the Intestate Succession Act.
• Transfer ownership of property, release bank funds, distribute investments, etc.

6.  Deal with disputes (if any)

• Executors must act impartially.
• If beneficiaries disagree, the executor should not take sides but follow the law, and may need to apply to court for directions.

7.  Close the estate account 

• Once all assets are distributed and debts are paid, the executor/administrator should provide a final estate account to beneficiaries.
• This formally discharges their duty.

Legal responsibility: Executors and administrators owe a fiduciary duty to act in the best interests of the beneficiaries. Mismanagement, delays, or self-dealing can expose them to personal liability and even legal action.

Where there is no will, section 7 of the Intestate Succession Act governs distribution of the assets. For example:

• Spouse only (no children or parents): spouse inherits the entire estate.
• Spouse + children: spouse gets 50%, children share the remaining 50% equally.
• Children only (no spouse): children share the entire estate equally.
• Spouse + parents (no children): spouse gets 50%, parents share the remaining 50%.

This statutory distribution applies strictly – the deceased’s personal wishes cannot be taken into account without a will.

Yes. If someone believes a Will is invalid due to undue influence, fraud, or lack of mental capacity, they may file a caveat to block the issuance of probate. If probate has already been granted, challenges must be brought within six months, unless exceptional circumstances apply.

The Court can also remove executors or administrators who fail in their duties. Estate disputes are often complex and may involve mediation or litigation.

CPF savings (Ordinary, Special, MediSave, and Retirement Accounts, plus accrued interest) are not part of a person’s estate and do not go through probate.

• If there is a valid CPF Nomination, the CPF Board pays the monies directly to the nominees.
• If there is no nomination, CPF transfers the monies to the Public Trustee’s Office (PTO) for distribution under the Intestate Succession Act (for non-Muslims) or Muslim inheritance law (Faraid) (for Muslims).

Other important points to note:

• CPFIS investments (unit trusts, shares, etc. bought under CPFIS) are not covered by CPF nominations. They belong to the estate and usually require probate/LOA.
• Property bought with CPF is still an estate asset. Upon death, there is no refund back to CPF; the property (or sale proceeds) is handled as part of the estate.
• CPF LIFE bequests and unused annuity premiums are distributed under CPF nominations, not probate.
• DPS (Dependants’ Protection Scheme) insurance payouts follow the insurer’s nomination. If no nomination exists, the payout goes into the estate.

CPF for Property (HDB Flats & Private Homes)

When CPF funds are used to pay for a property, the amount and its accrued interest do not need to be returned to the deceased's CPF account. This is a crucial point that helps protect surviving family members.

• The ownership of the property is determined by the title deed.
• If the property was held in joint tenancy, the surviving co-owner(s) automatically inherit the deceased's share, and no CPF refund is required.
• If the property was solely owned or is a tenancy-in-common, the deceased's share forms part of their legal estate and is distributed according to their will or the Intestate Succession Act.

Summary:  On death, if CPF money was used for property purchase, there is no refund back to CPF. Instead, the property (or its sale proceeds) is distributed under the will (if there is one) or the intestacy rules, and you will require to obtain a Grant of Probate or Grant of Letters of Administration.

Other important points:

• CPFIS investments (unit trusts, shares bought with CPF) are not covered by CPF nomination. They belong to the estate and require probate/LOA.
• CPF LIFE bequests and unused annuity premiums are paid out via CPF nomination, not probate.
• DPS insurance payouts follow the insurer’s nomination rules. If no nomination was made, the payout falls into the estate.