Probate or letters of administration: which one does the family need?

After the funeral, families often find the person’s bank accounts, property and investments frozen. In most cases, nobody can deal with them until the court gives someone legal authority, called a grant.

There are two main kinds of grant, and which one you need depends on a single question: did the person leave a valid will?

This article is general information, not legal advice.

If there is a will: Grant of Probate

If the person left a valid will, the executor named in that will applies for a Grant of Probate. The executor is the person the deceased chose to manage their estate.

According to the Family Justice Courts, you can apply for probate if both of these are true:

• The deceased left a valid will
• The will names you as the executor

With the grant, the executor can collect the assets, pay debts, and distribute the rest under the will.

If there is no will: Letters of Administration

If there is no valid will, a beneficiary applies for a Grant of Letters of Administration instead. The person who receives it is called the administrator.

The Family Justice Courts say an applicant must be at least 21 years old and not lack mental capacity. Priority to apply usually depends on the size of each beneficiary’s share. For non-Muslim estates, the spouse generally has priority. Someone with lower priority can still apply if those ahead of them renounce their right.

Who inherits without a will

For non-Muslim estates, the estate is shared out under the Intestate Succession Act. The Family Justice Courts summarise the main rules like this:

• Spouse, no children or parents: the spouse receives everything
• Spouse and children: the spouse receives half, and the children share the other half equally
• Children, no spouse: the children share everything equally
• Spouse and parents, no children: the spouse receives half, and the parents share the other half
• Parents only: the parents share everything equally
• Siblings only: the siblings share everything equally

Other family situations follow further rules in the Act. For Muslim estates, distribution follows an Inheritance Certificate from the Syariah Court.

Where and how to apply

Applications for both grants are made to the Family Justice Courts through the eLitigation filing system. If you do not have a lawyer, you can go to the Service Bureau, which helps prepare and file the documents for you.

If you are the sole executor named in a will and the estate is worth no more than $2 million, you may be able to apply for probate yourself online through the courts’ Probate eService, using Singpass. You will still need to bring the original will to the Probate Counter for checking.

The court’s guidance on letters of administration says:

• Estates worth up to $5 million are heard in the Family Courts. Estates worth more go to the Family Division of the High Court.
• The application should be filed within 6 months of the date of death. If it is later, you will need to explain the delay in the application.
• Processing usually takes around 2 to 3 months, depending on how complex the case is.

In many straightforward cases, the court can approve the application without a hearing. Grants are issued electronically.

Documents you are likely to need

The exact list depends on your case, but the court’s filing guide includes:

• The application form itself
• A Schedule of Assets, listing what the deceased owned and its value
• The death certificate. If the death was registered digitally, a copy of the Digital Death Certificate is enough (and the filing system may not ask for one at all). A certified true copy is only needed when there is no digital certificate.
• Renunciations from other beneficiaries, if someone with higher priority is stepping aside
• Other certificates where relevant, such as death certificates of other next-of-kin or a divorce certificate
• For probate, the will

After the first filing, you will also file a supporting affidavit and an administration oath, in which you promise to administer the estate faithfully.

Start gathering bank, property, insurance and investment records early. Our first steps guide covers this.

What does not go through the will or the grant

Some assets pass outside the estate. The Family Justice Courts note that jointly held property, insurance with a nominated beneficiary, CPF monies and certain joint bank accounts may not need a grant.

CPF savings follow the nomination, not the will

The CPF Board is clear that CPF savings cannot be included in a will, because they do not form part of the estate. If the person made a CPF nomination, the savings go to the people they nominated.

If there was no nomination, the CPF savings are transferred to the Public Trustee’s Office. The Public Trustee then distributes them to family members under the intestacy laws, or under an Inheritance Certificate for Muslims. CPF says this can take longer, and the Public Trustee deducts an administration fee before paying out.

Small estates and the Public Trustee’s Office

For smaller estates, a court grant may not be needed at all. The Public Trustee’s Office may administer an estate worth $50,000 or less (not counting Dependants’ Protection Scheme monies).

The Public Trustee will not act if, among other things:

• A court application for probate or letters of administration has already been filed
• There are disputes or conflicting claims among beneficiaries
• The estate has outstanding debts

Other exclusions apply, so check the Public Trustee’s page first. Next-of-kin apply through the Public Trustee’s online e-Services.

Do you need a lawyer?

You do not have to use a lawyer. The Family Justice Courts allow people to file for themselves, with help from the Service Bureau.

A lawyer can still be useful, particularly when:

• The will is unclear, or its validity may be questioned
• Family members disagree about who should apply or how assets are shared
• The estate includes property, a business, overseas assets or significant debts
• The executor or administrator lives overseas or cannot manage the paperwork
• There are beneficiaries who are minors

If money is tight, the Public Trustee’s Office notes that people who qualify for legal aid can apply to the Legal Aid Bureau for help obtaining letters of administration.

Either way, the first step is the same: find out whether there is a will, and list what the person owned.