Understanding Grant of Probate in Singapore
A Grant of Probate is a legal document issued by the Singapore court that authorises the executor named in a deceased person’s valid will to administer their estate. This document allows the executor to manage and distribute the deceased’s assets according to the terms set out in the will.
Applying for a Grant of Probate
If the deceased left a valid will, the executor must apply to the court for a Grant of Probate. This process involves providing the original will and any necessary documentation to prove the will’s validity. Once granted, the executor gains the legal authority to manage the deceased’s assets, such as directing banks and financial institutions to transfer funds for distribution to the beneficiaries.
No Valid Will: Letters of Administration
If the deceased did not leave a valid will, an Administrator (usually the spouse or next of kin) must apply for Letters of Administration. This court-issued document authorises the administrator to collect, manage, and distribute the deceased’s assets according to the Intestate Succession Act (for non-Muslims) or the Administration of Muslim Law Act (for Muslims).
Executor’s Duties
The executor plays a crucial role in the probate process, and their duties include:
- Identifying and valuing all assets owned by the deceased.
- Settling any debts, including taxes, loans, and other liabilities.
- Distributing the remaining assets to the beneficiaries as per the will’s instructions.
Choosing a responsible executor is important, as they must adhere strictly to the will’s terms and fulfil their fiduciary duties.
No Executor Named in the Will
If the will does not name an executor, the court will appoint a suitable person to manage the estate. In such cases, the court will issue a Grant of Letters of Administration with the Will Annexed instead of a Grant of Probate.
Stages of the Probate Process in Singapore
The probate process typically takes 1-2 months under normal circumstances and involves three main stages. It is advisable to engage a probate lawyer to handle these stages, which are:
- Filing the Application: Your lawyer will submit necessary documents, such as the Originating Summons, Death Certificate, will, and other relevant documents.
- Supporting Documents: Filing supporting affidavits and other required documents within 14 days of the application.
- Extracting the Grant: Submitting a request to extract the Grant of Probate or Letters of Administration.
When to Apply for a Grant of Probate
You should apply for a Grant of Probate as soon as possible to avoid unnecessary delays in distributing the deceased’s estate to the beneficiaries.
By promptly obtaining a Grant of Probate or Letters of Administration, the executor or administrator ensures that the deceased’s estate is managed and distributed in accordance with Singapore law, respecting the wishes of the deceased or following the legal rules of intestacy.
For further assistance or legal advice on probate matters, consult a qualified probate lawyer.