When someone dies leaving a will, the person they named to carry out that will (the executor) usually cannot simply walk into a bank and start dealing with the money. The bank, the CPF Board, the Land Titles Registry and most other institutions will first want to see a court document proving the executor’s authority.
This document is the Grant of Probate.
This article walks through what a Grant of Probate is, when you need one, who can apply, and the steps involved in Singapore. It is written for the executor trying to make sense of the process. Please note that our guide below is general information and does not constitute legal advice.
What is a Grant of Probate?
A Grant of Probate is a court order that recognises a person as the executor of a deceased’s estate and confirms their authority to administer it.
Once the grant is issued, the executor can collect in the assets, pay the deceased’s debts and expenses, and distribute what remains to the beneficiaries named in the will. The legal framework sits in the Probate and Administration Act 1934, with the procedure now governed, for filings from 15 October 2024, by Part 6 of the Family Justice (Probate and Other Matters) Rules 2024.
Probate is the route where there is a valid will. Where there is no valid will, the equivalent application is for Letters of Administration, and the person appointed is called an administrator rather than an executor. This article deals with probate.
Do you actually need a grant?
Not every estate needs one, so it is worth checking before you file.
Some assets pass outside the estate and can be dealt with without a grant at all. For example, money in the deceased’s CPF account, immovable property held under a joint tenancy with no outstanding mortgage, and certain insurance policies with nominations. If most of what the deceased owned falls into these categories, you may not need to go to court.
There is also a small-estate route. If the estate is worth $50,000 or less, the Public Trustee may be able to administer it, provided you meet the relevant criteria. This route saves the trouble of a court application.
Who can apply?
You can apply for a Grant of Probate if two things are true:
the deceased left a valid will as defined in the Wills Act 1838; and
that will names you as the executor.
What if you are named but do not want the job? You can step aside by signing a renunciation before a lawyer or a Commissioner for Oaths, using the prescribed form.
What if the named executor has died, or is unable or unwilling to act? Then the estate may still need to be administered through a grant of letters of administration with the will annexed, taken out by another appropriate person.
These situations are common enough, and they are usually where it pays to get a lawyer involved.
The application (step by step)
The process is largely done through the courts’ electronic systems. The filing of all the relevant documents is done through eLitigation, either by your lawyer or, if you are self-represented, at the Service Bureau.
1. Find the will and the death certificate. If you are not sure whether the deceased left a will, you can search the Wills Registry maintained by the Singapore Academy of Law. You will need the original will and the death certificate.
2. File the probate application. This opens the matter in court (the originating application). You set out the deceased’s details, the will, and your appointment as executor.
3. File the supporting documents within 14 days. After the application, you must file a Supporting Affidavit, in which you confirm on oath that the information and documents are accurate, and an Administration Oath, in which you swear to faithfully administer the estate and account for it. These use prescribed forms under the 2024 Practice Directions. If you need more time, you can file a request for an extension through eLitigation.
4. File the Schedule of Assets. The Schedule of Assets lists what the deceased owned and owed as at the date of death. It can be filed with the supporting affidavit or later, supported by a further (supplementary) affidavit confirming it is true and accurate.
5. The grant is issued. If all the documents are in order, the court may approve the application without a hearing and tell you not to attend the scheduled date. If something is missing or unclear, you may have to attend a short hearing. Once approved, the Grant of Probate is issued electronically; you can ask for a printed grant with an embossed seal if you need one. Where a bank or other institution asks for a certified true copy of the grant before releasing assets, you can apply for one.
After the grant: what the executor must do
The grant is the beginning of the work, not the end. With it in hand, the executor calls in the assets, pays the deceased’s debts, funeral expenses and any taxes, keeps proper accounts, and then distributes the balance to the beneficiaries under the will.
A word of caution on timing. An executor is generally not obliged to distribute the estate before one year has passed from the death, a period often called the “executor’s year”, which exists to allow debts and claims to surface. Distributing too early, or to the wrong people, can leave the executor personally liable. This is one reason careful executors keep good records and, for anything complex, take advice.
What if someone objects?
If a person with an interest in the estate wants to prevent a grant being issued without notice to them, they can enter a caveat, which requires the court to notify them before the grant is extracted.
Disputes of this kind (for example, over the validity of the will, or who should be the personal representative) fall under contentious probate and are handled differently from the straightforward application described here. If you are on either side of such a dispute, get legal advice early.
How long does it take, and what does it cost?
A straightforward, uncontested probate can often be completed within a few months, though the timeline depends on how complex the assets are, whether valuations are needed, and how quickly institutions respond.
Court filing fees for the supporting documents are modest and are set out in the Third Schedule to the 2024 Rules; check the current fees before you file, as they are updated from time to time.
If you wish to engage us to assist with your application for Grant of Probate, please do not hesitate to contact us. Our professional fees for straightforward applications typically start from S$1,600, excluding applicable disbursements and GST. More complex estates (e.g., those involving foreign assets, missing documents, unusual will provisions or disputes) may require additional work, and we will discuss the likely fees with you before proceeding.
Key takeaways
A Grant of Probate confirms the executor’s authority to administer a deceased’s estate under a valid will.
You may not need a grant at all if the main assets are CPF, jointly-held property, or nominated insurance, or if the estate is worth $50,000 or less.
The core documents are the application, the Supporting Affidavit, the Administration Oath, and the Schedule of Assets.
If the papers are in order, the grant can be issued without a hearing.
Watch the practical traps: foreign beneficiaries of residential property, the executor’s year, and the accuracy of the Schedule of Assets.
If you are an executor and unsure where to start, or the estate has any complicating features, it is sensible to get advice tailored to your situation.
Written by Thaddaeus Tan
Note: This article is intended as general information on Singapore law as at the date of writing and is not legal advice. Laws and procedural rules change; please verify the current position or seek advice before acting.
