The death of a loved one is never easy. It becomes even more complicated when they pass away without leaving a will—a situation legally known as dying intestate. In such cases, the distribution of their estate will follow the provisions of the Intestate Succession Act 1967, which outlines how assets should be distributed among surviving family members.
If you are managing the affairs of someone who has died intestate, here are six important steps you need to take in Singapore.
1. Register the Death and Obtain the Death Certificate
The first step is to register the death with the Immigration and Checkpoints Authority (ICA). This must be done within 24 hours of the passing. Once the death is registered, you will receive an official digital death certificate with a QR code, which is required for all subsequent legal and administrative matters, including estate administration.
2. Identify and Secure the Deceased’s Assets
Before any distribution can take place, it is essential to locate, identify, and secure the assets that are owned by the deceased. These may include:
- Bank accounts
- Property or real estate
- Vehicles
- Insurance policies (without nomination)
- Personal belongings and valuables
It is also advisable to gather any financial records, bills, or loan documents that may reflect outstanding debts or obligations.
Important Notes:
- CPF and insurance policies with valid nominations are typically paid directly to the nominated beneficiaries and are not part of the deceased’s estate.
- Joint assets, such as joint-tenancy properties or joint bank accounts, may pass automatically to the surviving co-owner through the right of survivorship, rather than being distributed under the Intestate Succession Act (ISA).
Because of this, it’s best to seek legal advice before transferring or withdrawing jointly held accounts to avoid complications and claims later in the estate administration process.
3. Understanding Laws Governing the Distribution of the Deceased’s Assets
How a deceased person’s estate is distributed in Singapore depends on their faith.
- For non-Muslims, the distribution follows the Intestate Succession Act 1967 (ISA).
- For Muslims, the distribution of the estate is governed by the Syariah Law under the Administration of Muslim Law Act 1966.
If the household is mixed-faith, the applicable law depends on the faith of the deceased at the time of his/her death, not the surviving family members.
The 1967 Intestate Succession Act in Singapore
The Intestate Succession Act applies to non-Muslim Singapore citizens and any non-citizen who was domiciled in Singapore at the time of his/her death, and who pass away without a will. It provides a clear legal framework for how assets should be distributed among surviving family members.
Under the ISA, inheritance follows a fixed order of priority:
| Surviving Family Members | How the Estate is Distributed |
| Spouse only | Entire estate goes to the spouse |
| Children only | Entire estate divided equally among children (or their branches) |
| Parents only | Entire estate divided equally between both parents |
| Spouse and Children | 50% to spouse, 50% divided equally among children |
| Spouse and Parents | 50% to spouse, 50% divided equally between parents |
| No spouse, children, or parents | Estate passes to siblings, then grandparents, then uncles and aunts. If none survive, the estate goes to the Government of Singapore. |
Muslim Estates under Syariah Law
For Muslim deceased individuals, inheritance is governed by Syariah Law, which determines fixed shares for eligible heirs such as spouses, parents, and children.
The Syariah Court of Singapore issues an Inheritance Certificate to confirm rightful beneficiaries and their respective shares.
4. Apply for Letters of Administration
Since there is no will to name an executor, a family member or eligible party must apply to the Family Justice Courts for a Grant of Letters of Administration. This legal document gives the appointed person (known as the administrator) the authority to manage and distribute the deceased’s estate.
Applying for Letters of Administration For Non-Muslim Deceased
If the deceased was not of the Muslim faith, the next of kin or an eligible family member must apply for a Grant of Letters of Administration through the Family Justice Courts.
If the estate is small and meets the Public Trustee’s eligibility criteria, the Public Trustee’s Office may handle the administration instead of the court. Applicants should check the current criteria and process before proceeding.
Once the Grant of Letters of Administration is issued, the appointed administrator is responsible for settling debts from the estate and distributing the remaining estate in accordance with the Intestate Succession Act Singapore.
The application process slightly differs for families of Muslim deceased, however.
Applying for Letters of Administration For Muslim Deceased
For Muslim estates, the process of applying for a Grant of Letters of Administration is similar to that under the Intestate Succession Act save in that families must first obtain an Inheritance Certificate from the Syariah Court of Singapore, which identifies the rightful beneficiaries under Muslim inheritance law.
Once this certificate is issued, the administrator can proceed to apply for the Grant of Letters of Administration at the Family Justice Courts, following the same general procedures as for non-Muslim estates.
5. Pay Outstanding Debts and Taxes
Before any distribution can occur, the administrator may settle the following from the estate before distribution:
- Outstanding bills or loans
- Funeral and legal expenses incurred in obtaining the grant
- Taxes (including property tax, income tax, etc.)
Only after all debts are cleared can the remaining estate be legally distributed among the beneficiaries.
6. Distribute the Estate According to the Law
With debts settled and the Grant of Letters of Administration in hand, the administrator must distribute the estate based on the hierarchy set out in the Intestate Succession Act.
Proper documentation and transparency are crucial during this process. Keep clear records of:
- What each beneficiary receives
- Valuations of assets
- Any claims or disputes resolved
If disagreements arise, mediation or legal advice may be necessary to ensure a fair outcome.
Safeguarding a Loved One’s Legacy Without a Will
While the Intestate Succession Act in Singapore provides a clear legal framework for distributing assets when no will is present, navigating the process can still be complex and emotionally taxing. Understanding your responsibilities and seeking professional legal advice when needed can help ensure the estate is managed properly and in accordance with Singapore law.
Following the above steps outlined will help to safeguard your loved one’s legacy and bring closure to a difficult chapter with care and clarity. For further guidance and assistance, you can contact Bhavini S Law Practice.