Johnathan Lee Kui Bao

When is probate required?

Probate is usually required whenever the deceased held assets in their sole name, such as bank accounts, shares, or property held as tenant-in-common or in sole ownership. Some assets bypass probate entirely: joint bank accounts and property held on joint tenancy generally pass to the survivor, CPF monies are paid out under CPF nomination, and insurance proceeds with valid nominations go to the nominees. For small estates, a grant may not be needed at all: where the estate does not exceed S$50,000 and certain conditions are met, the Public Trustee’s Office may administer the estate without a court application.

Who applies for probate?

The executor or executors named in the will apply. If the named executor has died, is unwilling, or cannot act, the law provides for alternatives, typically an application for letters of administration with the will annexed, so the estate can still be administered according to the will. An executor who does not wish to act should take advice before intermeddling in the estate, as taking steps to deal with estate assets can affect the right to renounce.

What is the probate process in Singapore?

1. Locate the original will and obtain the death certificate. A search of the Wills Registry can confirm whether a will was registered.
2. Compile a schedule of assets: bank balances, property, vehicles, shares, insurance and liabilities as at the date of death.
3. File the application in the Family Justice Courts with the supporting affidavit and documents.
4. Attend to any queries raised by the court, and file the supplementary affidavit verifying the schedule of assets where applicable.
5. Extract the grant. Once issued, the executor uses the grant to call in assets, pay debts, taxes and expenses, and distribute the estate to the beneficiaries under the will.

How long does probate take and what does it cost?

A straightforward, uncontested application is often completed within a few months from filing, depending on how quickly the asset information can be compiled and whether the court raises queries. Complications, such as a missing original will, foreign assets, or disputes among beneficiaries, extend the timeline. Legal fees for uncontested probate are commonly quoted as a fixed fee; contested matters are charged differently. We will always give you a clear fee estimate at the outset.

Frequently asked questions

Can probate be challenged?

Yes. Interested persons may file a caveat and challenge a will on grounds such as lack of testamentary capacity, lack of due execution, undue influence, or fraud. Contested probate is a specialised area of litigation and early advice is important.

What are an executor’s duties?

An executor must gather in the assets, pay the deceased’s debts and testamentary expenses, keep proper accounts, and distribute the estate according to the will. Executors owe fiduciary duties and can be personally liable for breaches, so executors of complex estates often engage solicitors to guide them.

Is there estate duty in Singapore?

Estate duty was abolished for deaths on or after 15 February 2008. Income earned by the estate after death may still attract tax.

What if the deceased had assets overseas?

Foreign assets may require separate grants or resealing in the foreign jurisdiction, and a Singapore grant may likewise be needed for foreign personal representatives dealing with Singapore assets. Cross-border estates benefit from coordinated advice.

This article is for general information only and is not legal advice. The law stated is as at July 2026.