The Process of Probate

The process to obtain the authority to manage a deceased person’s estate is called Probate. This article takes you through the steps you need to go through to take up the role of an executor or an administrator.

Alvin T'ng

Alvin T'ng

Lawyer, Senior Advisor

12 min read •

Table of Contents

Probate is a process that you must undertake to act as the personal representative (i.e. an Executor or an Administrator) for someone’s estate. The legislation that governs this process is the Probate and Administration Act.

  • If there is a Will, and you were named in the Will,

    You will need to apply as an Executor for a Grant of Probate.

  • If there is no Will, and if you fulfil the necessary conditions,

    You will need to apply as an Administrator for a Letters of Administration.

Both of these grants provide you with the legal authority needed to manage the estate of the deceased according to their wishes.

To know more about the difference between an Administrator and an Executor, and their roles and duties, you can read all about it in our article here 1.

How Long is the Probate Process?

If the probate process remains uncontested, it typically progresses smoothly and is more straightforward.

  • With a will,

    Probate generally takes around 2 to 3 months, varying based on complexity.

  • Without a will,

    Probate process extends to 6 to 12 months for uncontested cases.

However, complications arise if any family members contest the Will and this further prolongs the process. Legal guidance is advisable due to the documentation involved.

Who Can Apply?

If you are named as the executor in the will of the deceased, you can apply for a Grant of Probate under the Probate and Administration Act.

To apply for a Grant of Probate

You must:

  1. Be at least 21 years old.
  2. If you are under the age of 21 2, a guardian or any individual from the next of kin may be appointed by the Court.
  3. You must not be bankrupt when applying to be eligible to take up the role of an executor.
  4. Be of sound mind.

In the absence of a valid will, as a beneficiary of the estate or a family member, you can apply for a Letters of Administration under the Probate and Administration Act.

To apply for a Letters of Administration

You must:

  1. Belong to one of the proposed seven categories to qualify 3.
  2. Although any one from these seven classes can apply for a grant, those who rank higher in these seven classes are given preference.
  3. Anybody from a lower priority class can apply if they get the renunciation and consent of those higher in priority.
  4. At least 21 years old at the time of the deceased’s death.
  5. You cannot be bankrupt at the time of applying to be eligible.
  6. Be of sound mind.

Want to know more about the difference between the two processes? We discuss all of it in our Probate or Letters of Administration - A “What Do I Do” Guide article here [Infographic included]. Furthermore, to provide a visual breakdown, we’ve included diagrams illustrating the “seven categories” outlined in the Intestate Succession Act for an easier understanding.

When do you need to apply?

You should apply within 6 months of the death. Any applications filed after 6 months will require the reason for the delay to be explained in the application form.

Things to consider before filing an application

Before applying for the grant of probate or a letters of administration you should:

  • Check the assets that are left by the deceased.
  • Check the value of these assets 4.

If the value of the estate is not more than S$50,000, you can consider applying to the Public Trustee 5 to administer the estate. In this scenario a grant is not required if the Public Trustee agrees to administer the estate.

Process of applying for a Grant

The process is similar for both a Grant of Probate or a Letter of Administration.

Stage 1: Includes the filing of the main application.

Stage 2: Involves submitting the Supporting Documents.

Stage 3: Involves the extraction of the Grant of Probate or the Letters of Administration.

What to Prepare for an Application for a Grant?

If there is a valid Will,

  • For the application, the original Will and death certificate of the deceased are required. Ensure that you have these.
  • If any other executors are named in the Will and have passed away, their death certificate will also be required.

If they are still alive but cannot be traced when making the application, then the first person applying will be issued the grant (provided that the remaining executors are still allowed to apply in their own name).

If there is no Will,

  • To apply for a letter of administration, the original death certificate is required.
  • The birth certificates of the beneficiaries. In such a case whereby there are beneficiaries that have passed away, the original death certificates of these beneficiaries would also be required.

In the case where a certified true copy of the death certificate, or the original death certificate, is not obtainable, you will have to provide an affidavit stating the reasons why it was not possible to provide the death certificate.

How to apply for a Grant?

Step 1: Filing the Application

To apply for a Grant of Probate,

The Family Justice Courts website provides all the forms that are required for a Grant of Probate. The documents that are required are:

  1. The ex-parte originating summons (Form 52).
  2. A statement for probate or administration (Form 51).
  3. A certified true copy of the death certificate.
  4. A certified true copy of the Will.

[Please note that death certificates no longer need to be certified if they are electronic death certificates. However, you will need to visit a lawyer to certify the copy of the death certificate (if it is an old death certificate i.e. hard copy), along with the copy of the Will to prove that as true copies. If the Death Certificate cannot be produced, the estate owner or executor may carry out a search for a Death Record (if they are not able to remember the date of death) or apply for a Death Extract (if they can reproduce the deceased’s full name, NRIC number and date of death). These searches can be applied for on the online extracts portal of the Immigration and Checkpoints Authority website.]

  • If you have a lawyer,

Your lawyer will file this application electronically for you using the eLitigation portal.

  • If you have no lawyer,

You will have to file these documents yourself at the counters of the eLitigation Service Bureaus.

Once these documents are filed with or without the assistance of a probate lawyer, the original Will then needs to be submitted to the Probate Counter at the Family Justice Court by 4:30pm of the next working day. Once the Court verifies the authenticity of the Will, it will then be returned to you along with a checklist of items with a provisional probate case number that must be completed for the application for a Grant of Probate, including the required documents.

To apply for a Letters of Administration,

Most of the same forms stated above are required for the main application for a letters of administration as well:

The documents to apply for a Letters of Administration are:

  1. The ex-parte originating summons (Form 52).
  2. A statement for probate or administration (Form 51).
  3. A certified true copy of the death certificate.

The Family Justice Courts website provides all the forms that are required 6 for a Letters of Administration.

Step 2: Submitting the Supporting Documents

After the main application, the process to obtain a Grant of Probate and a Letter of Administration are the same.

  1. Once the main application has been filed, and if the application is in order, the Court will accept the documents and assign a Family Court Probate number to the application and fix a hearing date.
  2. The accepted documents can then be collected from the Service Bureau.
  3. The Court, on accepting the documents, provides a 14 day deadline to sign the Supporting Affidavit and Administration Oath. The Supporting Affidavit and the Administrative Oath will need to be signed in front of a Commissioner for Oaths in the family courts in Singapore. The Supporting documents also include a final Schedule of Assets, which lists all the deceased’s properties in Singapore, including personal property, bank account monies, insurance policies, and any other assets or liabilities. This step is crucial in preparing for the probate hearing, which is the next stage in the main stages of the probate process in Singapore courts.

Upon the acceptance of the main application, you can send out estate inquiries to financial institutions such as banks to get the details of all the assets that were owned by the deceased.

[Please note that this also can now be done prior to commencing an application, but it is currently only limited to banks.]

If you are unsure what assets there are, you may inquire with the banks as to whether the deceased held any bank accounts or safety deposit boxes with them. This may be done before or after acceptance of the main application. You would need to provide a Letters of Authorisation to the banks in order for them to disclose such information.

Additionally, if the deceased did not leave behind a will, the beneficiaries will need to obtain a Grant of Letters of Administration from the Court. This will empower the administrator to manage, sell, collect, or distribute the deceased persons estate to the beneficiaries, as stated in Singapore’s Intestate Succession Act. It is important to note that this process may be more complicated if there are outstanding debts and liabilities that need to be settled before the distribution of the deceased’s estate. Once the Grant of Probate, a crucial legal document, is obtained, the executor(s) can approach various institutions, such as banks and government agencies, and request for access to the deceased’s assets and estate.

Insurance companies and SGX would usually need confirmation that the main application to be accepted. So it would be best that such requests for information be done only after the acceptance of the application.

To simplify things for you, we have made a list of what documents will be needed from these financial institutions.

  1. The Letter of Authorisation.
  2. Certified true copy of the death certificate.
  3. Certified true copy of the will (if any).
  4. A copy of your NRIC or any other identification document.
  5. A sealed copy of the originating summons (if available).

As most institutions require a certified true copy of the ex-parte originating summons before they release the information, therefore you will firstly need to wait for the initial filing.

The information from the financial institutions helps prepare the Schedule of Assets. The Schedule of Assets should be included in the supporting documents appended to the Supporting Affidavit. If the relevant financial institutions can reply within the deadline and all assets can be confirmed, then the Schedule of Assets can be included with the Supporting Affidavit, along with any other relevant information.

However, in most cases, financial institutions do not respond immediately and obtaining all the needed information can be a drawn out process. If this happens, then the Supporting Affidavit and Administration Oath can be filed within the deadline with the request that the Schedule of Assets be filed later as a Supplementary Affidavit.

If you are confused or need more information, feel free to visit our website while we answer all your burning questions in making your Will with WillCraft.

Once all the necessary documents are received by the Court, the Court will go through the filed documents at the hearing of the probate application and grant its approval provided there are no complications with the application.

Step 3: Extraction of the Grant of Probate or the Letters of Administration

Once the Court has heard and approved your probate application, the Court will then issue either an electronic, or paper grant of probate or letter of administration as per your request.

Conclusion

Navigating the probate process in Singapore can be a complex and challenging task, but understanding its intricacies is essential. From asset distribution to legal procedures, each step plays a crucial role in ensuring a smooth settlement. By shedding light on the probate process, individuals can better prepare for what lies ahead and make informed decisions. Whether you are an executor or a beneficiary, having a clear understanding of the probate process will help streamline the proceedings and provide clarity during this difficult time.

Gain clarity and confidence in navigating the probate process in Singapore with WillCraft’s expert guidance. Secure peace of mind during this challenging time by making your Will with WillCraft.

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Footnotes

  1. https://www.willcraftnow.com/posts/administrators-and-executors-who-what-and-why ↩

  2. Probate and Administration Act, s21 ↩

  3. Intestate Succession Act, s7. Provides the classes: your spouse, your children, your parents, your brothers and sisters, your nephews and nieces, your grandparents and uncles and aunts (listed in order of priority). ↩

  4. Some assets such as CPF monies and joint tenancy flats are distributed by their own mechanisms after the death and do not require any additional actions on the part of an administrator or executor. ↩

  5. https://www.mlaw.gov.sg/content/pto/en/ ↩

  6. https://www.judiciary.gov.sg/forms ↩

Frequently Asked Questions

What is the Probate Process in Singapore and how does it work?

The probate process in Singapore involves submitting the deceased's will to court, appointing an executor, identifying and valuing assets, settling debts, distributing any remaining assets, according to the will or law, and obtaining the probate order. This process ensures a legal transfer of assets to beneficiaries.

How long is the Probate Process in Singapore?

The length of the probate process in Singapore can vary depending on various factors, such as the complexity of the estate, any disputes among beneficiaries, and the efficiency of the court system. In general, the probate process in Singapore typically takes around 6 to 12 months to complete. However, it is important to note that this timeline can be longer if there are complications or challenges during the probate proceedings. If you are involved in a probate case in Singapore, it may be helpful to consult with a legal professional who can provide guidance and support throughout the probate process in Singapore.

Disclaimer: The information provided here is for general guidance and does not constitute legal advice. Please consult a lawyer to seek legal advice that is specific to your needs.
Published on , and updated at .