Welcome back to the second installment of our four-part series!

In this section, we will share more about Grant of Probate, helping you understand what it is and how it works.

In Singapore, when someone passes on and leaves behind a will and significant assets, the appointed executor must apply for a Grant of Probate from the Singapore courts. This legal document gives the executor the authority to manage the deceased’s estate, pay off any debts, and distribute the assets as outlined in the Will.

Which Court Handles the Application?

The application process depends on the value of the deceased’s estate:

• Estates valued up to SGD 5 million are heard by the Family Courts.
• Estates valued over SGD 5 million are heard by the Family Division of the High Court.

Documents Required for the Application

To apply for a Grant of Probate, the executor must file several documents through the Singapore Court’s eLitigation system:

• Originating Summons
• Statement
• Original Will (for Probate Registry’s inspection)
• Death Certificate
• Schedule of Assets
• Supporting Affidavit
• Administration Oath
• Administration Bond (where directed by Court)
• Summons for Dispensation of Sureties (if sureties are required but not found)
• Consent of Dispensation of Sureties (if sureties are required but not found)

Timeframe for Obtaining the Grant of Probate

The process typically takes about 3 months from the time of application or more. This timeline can vary depending on the complexity of the case and the completeness of submitted documents.

Why the Grant of Probate is Important

The Grant of Probate ensures that the executor can legally manage the estate according to the will. Without it, financial institutions and other asset holders will not release the deceased’s assets to the executor, and the estate cannot be distributed as intended. Additionally, a Grant of Probate protects the executor from future legal challenges concerning the administration of the estate.

Common Challenges in the Grant of Probate Process

Executors may face challenges, such as when there are:

• Missing documents or an invalid will.
• Disputes among beneficiaries about the validity of the will or the distribution of assets.
• The need for an administration bond or sureties when required by the court, which can delay the process if not promptly addressed.

Obtaining a Grant of Probate is a crucial step in managing a deceased person’s assets. While the process may seem daunting, having the right information and documentation can streamline the process.

Our experienced legal professionals are here to guide you through every step and concern. Reach out to us if you require more information with the probate process and need our professional legal assistance on how to navigate the application.

Disclaimer: The content of this article does not constitute legal advice and should not be relied on as such. Specific legal advice should be sought for your circumstances.