As you navigate your grief, managing the practical affairs they left behind can be difficult.
However, if your loved one left a valid will, they have entrusted an executor with the responsibility of sorting out their estate, which can make this process a bit easier.
At Circular Law Chambers, we provide clear, practical guidance on the probate process in Singapore, helping executors secure the legal authority they need to manage estate assets, settle outstanding liabilities, and carry out the deceased's final wishes.
What Is Probate in Singapore?
It involves the legal process by which the Family Justice Courts issue a Grant of Probate, giving the executor named in a valid will the legal authority to administer the deceased's estate.
Until the court reviews the case and issues the Grant of Probate, the executor lacks the legal right to manage the deceased person's property, close bank accounts, or distribute possessions.
The probate process helps protects the estate by ensuring that only the individual chosen by the deceased handles their worldly assets.
When Is a Grant of Probate Needed?
A Grant of Probate is required when the deceased person owned assets in their name alone, such as bank accounts, private properties, or investment portfolios, and left behind a valid will.
Financial institutions, insurance companies, and the Singapore Land Authority will not release funds or transfer real estate titles solely because a person is named in a will. The Singapore Land Authority will generally require the Grant of Probate before registering a transmission or transfer of property.
If your loved one passed away without leaving a valid will, however, the family must apply for a different document known as a Grant of Letters of Administration instead.
This guide focuses on the Grant of Probate process and what executors need to know when administering an estate under a valid will.
Probate vs Letters of Administration
Whether you need a Probate or an LOA depends entirely on the existence of a valid will:
|
Legal Document |
When It Applies |
Who Takes Charge |
How Assets Are Split |
|---|---|---|---|
|
Grant of Probate |
The deceased left a valid will. |
The Executor named in the will. |
According to the instructions in the will. |
|
Letters of Administration |
The deceased did not leave a valid will (or no executor can act). |
The Administrator (usually the closest next-of-kin). |
According to the Intestate Succession Act 1967. |
Probate Process in Singapore: Step-by-Step
Acquiring a Probate in Singapore involves the following steps, which we at Circular Law Chambers have guided thousands of clients through:
Step 1: Check Whether There Is a Valid Will
The first step is to locate the original copy of the deceased’s will and confirm who is named as the executor.
A valid will must be in writing, signed by the testator, and witnessed by at least two persons who must also sign in the testator's presence. Importantly, the two witnesses cannot be beneficiaries or spouses of beneficiaries under the will.
Step 2: Identify the Deceased’s Assets and Liabilities
The executor must compile a comprehensive list of what the deceased owned and owed at the time of their passing. This involves collecting statements for bank accounts, private property titles, stock portfolios, insurance policies, and outstanding debts or loans.
Step 3: Prepare the Probate Application
We prepare and file the Originating Application together with the required supporting documents.
Step 4: File the Probate Application With the Court
We submit the application to the Family Justice Courts
Step 5: File Supporting Documents
Following the initial submission, the executor must sign a supporting affidavit and a declaration of oath.
These documents formally bind you to manage the estate faithfully. The original will must be lodged with the court in accordance with the applicable filing requirements.
Step 6: Obtain the Grant of Probate
Once the court completes its checks and satisfies all queries, it issues the formal Grant of Probate. This document bears the court seal, confirming your legal status as the authorised executor.
Step 7: Administer and Distribute the Estate
With the grant extracted, you can approach financial institutions to close accounts, liquidate investments, clear final funeral costs, settle the deceased's debts, taxes and estate liabilities, and distribute the remaining inheritance to the beneficiaries named in the will.
What Documents Are Usually Needed for Probate?
To help us minimise delays with the Probate application, you should gather the following core documents:
- The original Death Certificate of the deceased.
- The original Will of the deceased.
- Identification documents (NRIC or passports) of the appointed executors.
- Recent bank statements, insurance policies, and investment summaries belonging to the deceased.
- Property title deeds or HDB flat documents.
- Invoices for outstanding liabilities, such as medical bills, credit card statements, or mortgage balances.
How Long Does the Probate Process Take in Singapore?
The timeline for concluding a probate application depends on several factors.
A straightforward application where all documents are readily available and the assets are located entirely in Singapore typically takes around 2 to 3 months once all required information and documents have been provided.
However, the timeframe can extend if the estate holds complex business interests, contains overseas assets that require coordination with foreign legal counsel, beneficiary disputes, or the original will cannot be found.
We work to avoid these administrative errors that can delay the Probate application process.
Can Probate Be Done Without a Lawyer?
Many families choose to engage an experienced probate lawyer because the application involves technical court procedures and strict documentary requirements. If the estate is sizable, having a lawyer handle the paperwork prevents costly errors and protects the departed’s estate.
Consulting with a law firm also helps reduce emotional strain while processing the deceased’s estate.
So though Probate can be applied for even without a lawyer, having one is highly recommended.
Common Issues That Can Delay Probate
Common issues we encounter during the Probate application process include:
- Losing the Original Will: Finding only a photocopy of the will requires an additional court application to prove its authenticity, adding time and expense.
- Incomplete Asset Tracking: If the executor is unaware of certain bank accounts or shares, the schedule of assets will be inaccurate. This will require subsequent amendments to the court files or assistance from law firms in tracking the remaining assets.
- Foreign Property Ownership: Depending on the foreign jurisdiction, it may be necessary to reseal the Singapore Grant of Probate or commence separate probate proceedings there.
- Executor Incapacity: If the named executor is elderly, unwell, or lives overseas and cannot fulfil their duties, the executor may need to renounce probate (if permitted) or other legal steps may be required
What Happens After Probate Is Granted?
Once the court issues the grant, your role transitions from applicant to estate administrator. You can now present the sealed document to banks, corporations, and the land registry to gain access to the funds.
As executor, you must remember that you cannot simply distribute assets immediately. The executor must first settle the deceased's debts, taxes, funeral expenses and other estate liabilities before distributing the remaining assets.
Once all liabilities are settled, you can safely distribute the remaining net assets to the beneficiaries in exact accordance with the portions stated in the will.
When Should You Speak to a Probate Lawyer?
We advise consulting a legal representative early in the process, ideally within the first few weeks following the passing of your loved one.
Speaking with a lawyer early is helpful, especially if you cannot locate the original will, are dealing with a complex family tree, or need to transfer inherited real estate.
Related Probate and Estate Services
If you need support with other asset management or estate planning matters, feel free to view our related service options:
- Wills, Probate, and Letters of Administration: Review our comprehensive main page covering all aspects of estate law in Singapore.
- Letters of Administration Singapore: Read our guide on how to manage an estate when a loved one passes away without a will.
- Will Lawyer Singapore: Learn how to draft a valid, comprehensive will to secure your family's future and ease their administrative path.
- Real Estate and Property Law: Explore how our conveyancing team assists executors with transferring or selling inherited properties.
Frequently Asked Questions About the Probate Process in Singapore
What is a Grant of Probate?
It is an official order issued by the Family Justice Courts, recognising a will as valid and giving the named executor the legal authority to manage and distribute the deceased's assets.
Is probate required for every asset?
Not necessarily. Assets held under joint tenancy (such as a shared family home) or joint bank accounts usually transfer automatically to the surviving owner through the right of survivorship, bypassing the probate process.
Are CPF savings covered by a Grant of Probate?
No. Central Provident Fund (CPF) savings do not form part of a person's estate and cannot be distributed via a will. If the deceased made a CPF nomination, the board distributes the funds directly to the nominees. If no nomination exists, the money goes to the Public Trustee for distribution under intestacy laws.
Do I need a lawyer to draft a Will, Lasting Power of Attorney (LPA) and Power of Attorney (POA)?
Planning ahead gives you peace of mind and helps protect the people who matter most. Our firm assists clients in preparing Wills, Lasting Powers of Attorney (LPAs), and Powers of Attorney (POAs) to ensure their wishes are clearly set out and their affairs can be managed by trusted individuals when needed. We provide practical legal advice and prepare documents that are tailored to your personal and family circumstances, giving you confidence that your loved ones and assets will be protected for the future. Our team of lawyers is able to prepare POAs for private properties or HDB flats if you are not able to attend to the sale, purchase, rental or management of your properties personally, or if you are not in Singapore to execute or sign any documents relating to the sale, purchase, mortgage, CPF withdrawal, management or rental of your private or HDB flats.
Speak to a Probate Lawyer in Singapore
Carrying out a loved one's final wishes is both a legal duty and a personal responsibility.
Our team at Circular Law Chambers can guide you through every stage of the probate process, from verifying the will to extracting the Grant of Probate and helping you distribute the estate.
When your family is ready to begin, our estate lawyers are here to help.
Contact us today to speak with an estate lawyer about your probate matters.
- Office Address: 105 Cecil Street, #17-00 The Octagon, Singapore 069534
- WhatsApp: +65 9772 7808
- Email: newmatters@circularlaw.com.sg
