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1.
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What do you have to do when a person dies and leaves property that belongs to?
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A person has to be appointed by the Court to take charge of the deceased person's property (collectively known as his estate).
If there is a Will by the deceased person, please refer within the Will for the appointment by the deceased person of person(s) called an executor(s) to take charge of his estate.
If there is no Will made by the deceased person, there will have to be an appointment of a person as an administrator(s) to take charge of the estate. This administrator will usually be one of the next- of-kin of the deceased.
In order for such persons to be recognised legally as the executor(s) or administrator(s) of the deceased person's estate, you would have to apply for Probate or Letters of Administration respectively.
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It is a Court Order authorising the executor(s) appointed by the deceased person under his Will to administer his estate according to the directions contained in his Will.
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What are Letters of Administration?
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It is a court order authorising the person(s) named in it to administer the estate of the deceased person in accordance with the law.
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Can I apply for Probate or Letters of Administration?
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Probate
You can apply for probate if you are the executor(s) named in the Will of the deceased person.
Letters of Administration
In the case of the Letters of Administration, you and any of your family members are entitled to apply to be appointed administrator(s). However, the law gives priority to certain members of the family over others, depending on the marital status of the deceased and his family composition. For example, if the deceased person was single, his surviving parents will have priority over his brothers and sisters to be the administrators; if the deceased person was married with children, his spouse will have priority over the children to be his administrator.
Please note that the law requires at least 2 administrators to be appointed where there is/are one or more minor beneficiaries. A minor beneficiary is any person below 21 years of age who has a share in the estate. This is to protect the minor beneficiary's interest in the estate.
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If I have the right to apply for Probate or Letters of Administration (as the case may be), can I renounce my right to apply?
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Yes. If you are the named executor(s) in the Will, or if you are a party having priority in law to apply for Letters of Administration and you are unwilling or unable to apply for Probate or Letters of Administration, you may give up (renounce) your rights and consent to other persons applying for Probate or Letters of Administration by filing a Renunciation and Consent.
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Where can I apply for Probate or Letters of Administration?
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If the total value of the estate of the deceased is below S$3 million, the application is made to the Subordinate Courts. If the total value of the estate of the deceased exceeds S$3 million, the application is made to the Supreme Court.
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How do I apply for Probate or Letters of Administration?
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To apply for Probate or Letters of Administration, a number of documents have to be prepared and filed (after payment of stamp fees) at the Service Bureau, at 133 New Bridge Road #19-01/02 Chinatown Point, Singapore 059413, Tel: 65389507.
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Documents required in the application for Grant of Probate and Letters of Administration cases: |
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An Originating Summons together with a statement containing the relevant information to be entered in an electronic template; |
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A checklist for the Originating Summons in an electronic template; |
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A supporting affidavit verifying the information in the Statement for Probate or Administration. The affidavit must be in the format and contain the necessary supporting documents as prescribed by paragraph 118 (6) of the Subordinate Courts Practice Directions and must be filed within 14 days after the filing of the Originating Summons and Statement, |
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The Administration Oath(s) by the Applicant(s) and Co-administrator, if any; |
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A certified true copy of the deceased's death certificate. The Original must be submitted to the Probate Counter, located at the Civil registry of the Subordinate Courts, for verification by 4.30 pm of the next working day after the electronic filing of the Originating Summons and Statement. |
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A certified true copy of Inheritance Certificate from the Syariah Court (for Muslim estates only). The original must be submitted to the Probate Counter for verification by 4.30 pm, of the next working day of the electronic filing of the Originating Summons; |
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A certified true copy of the Will. The original must be submitted to the Probate Counter, located at the Civil registry of the Subordinate Courts, by 4.30 pm of the next working day after the electronic filing of the Originating Summons and Statement; |
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Certificate of Result of Caveat Search together with the search reports from both the High Court and Subordinate Courts in the electronic format. |
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Additional documents required for Probate and Letters of Administration
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Probate
- Where the Will is not written in English, a certified true translation by a person competent to translate must be attached.
- Renunciation(s) by a person(s) appointed executor(s) by the Will but who does not wish to be the executor(s) if any.
Letters of Administration
- Consent of the co-administrator, if any.
- Renunciation of the beneficiaries having a prior right to apply for letters of administration if any.
Note : that the above requirements apply in cases of simple applications for Probate and Letters of Administration. Much depends on the status of the deceased, his beneficiaries and the estate.
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What happens after the Originating Summons has been filed in court?
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After the Originating Summons has been filed in Court, a Registrar will review it. If the Registrar is satisfied that all the documents are in order, the Application for Probate or Letters of Administration will be granted.
If there are errors or omissions in the documents, the Originating Summons may be rejected outright, returned to you for amendment or it may be fixed for hearing before a Deputy Registrar in Chambers.
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What should I do after the Petition is granted?
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After the Registrar grants the Originating Summons , you (the applicant ) should :
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For death that occurs before 15 February 2008
Please settle estate duty matters. For more information please refer to the website of IRAS at www.iras.gov.sg.
For application for Grant of Letters of Administration, please execute an Administration Bond with 2 sureties, if any, to apply to extract the grant
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For death that occurs on or after 15 February 2008
Please refer to the Practice Directions of the Subordinate Courts paragraphs 117 to 121, of which to view, please click here.
For application for Grant of Letters of Administration, please execute an Administration Bond with 2 sureties, if any, to apply to extract the grant.
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How do I execute an Administration Bond?
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In the case of Letters of Administration, you have to file an Administration Bond to extract the grant. The Bond has to be signed by you and your sureties, if any.
Where any beneficiary is not at least 21 years of age, or the value of the estate exceeds S$250,000 you are required to furnish 2 sureties to the Administration Bond. This is to ensure that you administer the estate properly. Each surety must have assets worth the total value of the deceased's estate.
After the Registrar approves the particulars of the sureties, they have to affirm or swear an affidavit certifying their worth. If you cannot get any person to stand as surety, you may apply to the Court to dispense with the sureties. You will have to affirm or swear an affidavit setting out the reasons for your application. You will also have to obtain the consent of all adult beneficiaries and creditors to the dispensation of sureties. The Court has the discretion to dispense with one or both sureties.
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How do I extract the grant?
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After the estate duty matters have been settled, and all relevant documents have been filed you may apply to extract the grant. This is done by way of a Request to extract Grant of Probate or Letters of Administration [whichever is applicable] and filing of the Administration Bond (if it is a case of Grant of Letters of Administration being extracted). Before filling the Request, you should conduct a search to ensure that there are no caveats in force against the estate.
If the deceased died on or after 15 February 2008
The only difference to the above is that no estate duty is payable and the Schedule of Assets to be filed has to be in accordance with Practice Directions, paragraph 120A [ of which to view please click here].
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13.
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You may wish to engage a lawyer if the estate of the deceased is complex or if you are unfamiliar with the legal procedures such as preparation and filing of numerous documents, and attending Court.
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