A Grant of Probate is one of the most important documents in estate administration in Singapore. It authorises the executor named in a valid Will to manage, collect and distribute the deceased’s assets. Families often understand that Probate is part of the post-death process, yet many remain unclear about the exact situations when they must apply for a grant of probate in Singapore and when it is unnecessary.
This article explains the Grant of Probate within the context of Singapore’s legal framework. At Bhavini S Law Practice, this topic arises frequently, so the information here is meant to help readers understand the key requirements and processes. It is general in nature and not a substitute for legal advice.
Key Takeaways
- Probate is required when a valid Will exists, and the deceased holds solely owned assets that financial institutions will not release without a Grant of Probate.
- In general, an application for a grant of probate is unnecessary where the assets are monies in CPF account (excluding investment account), insurance policies which have nominated beneficiaries, and jointly owned assets where the rule of survivorship applies in the absence of, e.g. express/ resulting trusts.
- Financial institutions in Singapore have different thresholds and internal policies governing the release of a deceased’s account without a Grant of Probate.
- For small estates below $50,000, you can consider applying to the Public Trustee for eligible assets.
- Early guidance helps prevent delays, disputes and complications during estate administration.
What is a Grant of Probate?
A Grant of Probate is a court-issued document from the Singapore Family Justice Courts which legally recognises the Will made by the deceased during his lifetime and confirms the executor’s authority to administer the deceased’s estate.
It is the formal document that tells banks, insurers and other institutions who are legally entitled to deal with the deceased’s assets and carry out the instructions in the Will.
Once granted, the executor is empowered to:
- Access, close or transfer bank accounts and investments
- Sell, transfer or otherwise deal with property and other assets
- Payoff the deceased’s debts, taxes and liabilities
- Distribute assets to the beneficiaries in accordance with the Will
Without this document, most institutions will not release assets because they must comply with regulatory requirements and verify that they are dealing with the correct legal representative.
When You Must Obtain a Grant of Probate
There are clear legal and practical scenarios that require Probate before any meaningful estate administration can begin. Understanding these prevents unnecessary delays and helps families manage expectations.
1. When there is a valid will naming an executor
The most straightforward situation requiring Probate is when a valid Will exists (as defined in the Wills Act). Even if the executor is clearly identified, they cannot start collecting or distributing assets until the Grant is issued. This ensures that the Will is legally probated by the court and that the executor’s authority is recognised.
In Singapore, banks, insurers and government agencies are obligated to verify an executor’s status through the Grant. Presenting the Will alone is not enough.
2. When the Deceased Holds Solely Owned Assets
If the assets are registered solely in the deceased’s name, Probate is almost always needed. Solely owned assets can be movable or immovable assets and can include, but are not limited to, the following:
- Savings or current accounts
- Fixed deposits
- Private property or HDB flats that are not jointly owned
- Investment portfolios, shares and unit trusts
- Insurance proceeds without a valid nomination
- Safety deposit boxes
The executor or beneficiary will not be able to access the assets unless they have applied for a Grant of Probate in Court.
3. When Asset Values Exceed Institutional Thresholds
Even where the estate is relatively modest, some institutions (like banks, insurers or custodians) have internal policies that require a Grant of Probate once the balance or claim exceeds a certain limit. In such cases, they will not release the funds based on the death certificate alone. The following table summarises typical practices in Singapore:
When Financial Institutions Usually Require Probate
Institution Type | When Probate Is Typically Required | Notes |
Local banks | Often required for solely owned accounts, especially when the balance is more than a minimal amount | Each bank sets its own internal policies and may require Probate regardless of value |
Insurance companies | Required when no valid nomination exists | Policies differ; insurers have their own verification procedures |
Investment firms | Commonly required for most investment accounts | Compliance obligations are usually stricter than for basic bank accounts |
Digital and e-wallet accounts | May be required depending on the balance and the institution’s policies | Release processes vary widely and follow internal risk controls |
4. When There Is No Valid Beneficiary Nomination
Nominations can simplify the distribution of certain assets in Singapore by allowing them to pass outside the estate.
For insurance policies, the position is different. Where an insurance policy does not have a valid nomination, the policy proceeds generally form part of the deceased’s estate and will typically fall into the residuary estate (unless the Will specifically deals with that policy). In such cases, the executor may need to obtain a Grant of Probate (if there is a Will) or Letters of Administration (if there is no Will) to claim the proceeds and distribute them accordingly.
When You Do Not Need a Grant of Probate
In certain situations, a Grant of Probate is not required, either because the assets do not form part of the estate or because a different legal process applies.
1. When There Is No Valid Will
If the deceased did not leave a valid Will, a Grant of Probate cannot be applied for. Instead, an eligible family member must apply for Letters of Administration to be appointed as the administrator of the estate under Singapore’s intestacy laws.
2. When The Assets Pass Outside The Estate
Some assets do not form part of the deceased’s estate and are therefore not dealt with under a Grant of Probate. Common examples include:
- Property held under a joint tenancy which passes automatically to the surviving joint owner by the rule of survivorship.
- Certain joint bank accounts, where the bank may release funds to the surviving account holder, depending on the account mandate and the bank’s internal requirements.
- CPF monies (excluding Investment Accounts), which are paid out by the CPF Board either in accordance with a valid nomination or, if none exists, through the Public Trustee
- Insurance policies with valid nominations, where proceeds are paid directly to the nominated beneficiaries
In these cases, the relevant institutions typically rely on their own procedures and the death certificate, rather than requiring a Grant of Probate.
3. When the Estate Is Eligible for Administration by the Public Trustee
Where the total value of the estate is $50,000 or less and certain statutory conditions are met, the family may apply to the Public Trustee to administer the estate. If the Public Trustee agrees to act, no Grant of Probate or Letters of Administration is required.
4. When Institutions Release Assets Without a Grant of Probate
Some financial institutions may, at their discretion, release small balances without requiring a Grant of Probate. This usually applies where the amount involved is low and there is a clear next of kin. The institution may instead request supporting documents, such as identification and a statutory declaration.
This approach helps families avoid unnecessary costs and delays for very small estates, though policies vary between institutions.
How the Probate Process Works in Singapore
Step 1: Gather Key Documents and Asset Information
The executor collects the original death certificate, the original Will, and basic information about the deceased’s assets and liabilities, such as bank accounts, property, and investments.
Step 2: File the Probate Application
The executor files an Originating Application for Probate with the Family Justice Courts (for estates up to $5 million) or the Family Division of the High Court (for larger estates). Applications are generally expected to be filed within six months from the date of death, failing which an explanation must be provided. Filing may be done:
- Online through eLitigation by a lawyer
- Online via the Probate eService (for eligible sole executors and total estimated estate value of not more than $2 million Singapore dollars)
- At the LawNet & CrimsonLogic Service Bureau if self-represented and not using the Probate eService
Step 3: File Supporting Documents
After the application is filed, the executor submits the required supporting documents. These typically include an Administration Oath, a Supporting Affidavit (to be filed within 14 days of the Originating Application), and a Schedule of Assets setting out the estate’s assets and their values.
Step 4: Court Review and Issuance of the Grant
The Court reviews the application and documents. If everything is in order, the Grant of Probate is usually issued electronically without a hearing. In straightforward cases, this process typically takes around two to three months, depending on the complexity of the estate.
Once issued, the executor may use the Grant to collect the estate assets, settle debts and expenses, and distribute the estate in accordance with the Will.
At Bhavini S Law Practice, we assist executors at each stage to ensure the application is prepared accurately and proceeds smoothly.
Why Timeliness Matters in Probate Applications
While a Grant of Probate does not have a fixed expiry date, executors are generally expected to apply for it within six months from the date of death. If the application is filed later, the Court will usually require an explanation for the delay.
In practical terms, delays in applying for a Grant of Probate can have real consequences. Bank accounts may remain frozen, property-related expenses and loan instalments may continue to accrue, and beneficiaries may have to wait longer before the estate can be administered and distributed in accordance with the Will.
Seeking guidance early helps executors identify which assets require a Grant of Probate, prepare the necessary documents correctly, and plan the application to avoid unnecessary delays during estate administration.
Getting Guidance for Your Grant of Probate Singapore Application
If you are unsure whether a Grant of Probate is required for your situation or need clarity on the documents and steps involved, get in touch with our team at Bhavini S Law Practice for advice and legal representation. We can help you understand the probate process in Singapore, review the necessary paperwork and support you through the application.
Frequently Asked Questions
Can Probate be avoided if a Will exists?
It is highly unlikely. If the deceased holds assets that require formal release, Probate will still be necessary even if a Will is present.
Is Probate needed for assets held overseas?
Often, foreign institutions will require some form of local grant or recognition of your authority before releasing overseas assets. A Singapore Grant of Probate may need to be resealed or supplemented by a local court process in the country where the asset is located, provided it is a Commonwealth country. You should obtain legal advice from estate lawyers practising in the jurisdiction where the assets are situated.
Does the Grant of Probate have an expiry date?
There is no expiry date for a Grant of Probate once it is issued by the Court. However, executors are expected to apply for Probate within 6 months of the deceased’s death. The executor will have to explain to the Court why the application is filed after 6 months from the date of death.
Can more than one executor apply for Probate?
Yes, but only up to 4. Executors may act jointly depending on the instructions in the Will.
What happens if an executor is unable or unwilling to act?
If you are a named executor but do not wish to act, you can sign a formal renunciation before a Commissioner for Oaths or a Notary Public if you are not in Singapore, giving up your right to apply for probate. If all named executors are unable to act, a beneficiary or other interested party may apply to the court for Letters of Administration with the will annexed. The court will then appoint the person it considers most suitable to administer and distribute the estate.