When a person passes away, the person leaves behind their estate, which includes: (a) their money and property; and (b) their liabilities.
Probate and administration are legal processes of appointing someone (i.e. executor (for probate) and administrator (for administration) to manage the deceased’s estate.
A person who wishes to be appointed will have to apply to the Family Courts or the Family Division of the High Court (depending on the worth of the estate) for approval.
Upon the approval of an application, the Grant of Probate or the Grant of Letters of Administration will be issued by the Family Courts or the Family Division of the High Court to the applicant.
An applicant should apply for a Grant of Probate if the deceased left a valid will. In this case, the applicant is the executor named in the will.
On the other hand, an applicant should apply for a Grant of Letters of Administration if the deceased did not leave a valid will and the applicant is a beneficiary entitled to a share of the estate.
The application for the Grant of Probate or the Grant of Letters of Administration should be made within 6 months from the deceased’s date of death. If the filing is made after 6 months, the Singapore courts will require the reasons for the delay to be included in the application form.
Some of the relevant supplementary documents which should be filed as part of the application include certified true copies of: (a) the death certificate of the deceased; (b) the will (if any); and (c) the divorce certificate (If the deceased was divorced).
As every application is different, we will be able to advise you on the specific documents to be submitted for your matter when you engage us.
Typical disbursements for such matters range between S$350 to S$500. The exact figures would have to be determined on a case-by-case basis.
Please note that our legal fees to assist you on your matter are not part of the disbursements stated above.
Typically, Singapore courts take approximately 2 to 3 months to approve the application, depending on case complexity.
After the court approves your application and all relevant supporting documents, the court will issue the Grant of Probate or the Grant of Letters of Administration, whichever applicable.
Once a Grant is issued, the applicant is appointed by the relevant Singapore court to manage the estate of a deceased individual.
Our firm has extensive experience in advising our clients in relation to their estate matters, including making applications to the court to obtain Grants of Probate and Grants of Letters of Administration.
The author, Waltson Tan, is a lawyer based in Singapore. He is qualified as an advocate and solicitor in Singapore and has more than seven years of post-qualification experience.
Prior to joining the firm, he practised at a leading international law firm, which was the second largest law firm in the United States and one of the ten largest in the world.
If you would like information and/or assistance on the above or any other area of law, you may wish to contact the author of the article, whose details are as follows:
 Waltson Tan Director T: +65 8079 0028 E: waltson@tjylaw.com.sg |
Office address:
101A Upper Cross Street #13-11, People’s Park Centre Singapore 058358 |
Waltson Tan Director +65 8079 0028 waltson.tan@28falconlaw.com |
Office address: 101A Upper Cross Street #13-11, People’s Park Centre Singapore 058358 |