Probate in Singapore: Grant of Probate vs Letters of Administration

When a person dies, someone has to be given legal authority to collect in their assets, pay their debts and distribute what is left. That authority comes from a court order, and the process of obtaining it is called probate. In Singapore, probate is handled by the Family Justice Courts.

Which order you apply for depends on one thing: whether the deceased left a valid will. This guide explains the difference between a Grant of Probate and Letters of Administration, the thresholds that decide which court hears the matter, and the small-estate route through the Public Trustee.

This is general legal information, not legal advice. Consult a qualified advocate and solicitor about your situation.

Grant of Probate compared with Letters of Administration

There are two main grants, and the difference is simply whether there is a valid will.

A Grant of Probate confirms the authority of the executor whom the deceased chose in the will. Letters of Administration are needed where the deceased left no valid will, and the court appoints an administrator from among the next of kin to carry out the same task under the intestacy rules.

Who can apply for Letters of Administration

Where there is no will, the right to apply follows a priority order among the next of kin. In broad terms this runs from the surviving spouse, to the children, to the parents, and then to siblings and more remote relatives. An administrator can only be appointed once, and the court will usually expect the person with the highest priority to apply or to renounce.

Which court: the S$5 million rule

Most probate applications are made in the Family Courts, part of the Family Justice Courts. There is, however, a value threshold that sends the largest estates to a higher court.

Under the Family Justice (Family Proceedings before Family Division of High Court) Order 2014, proceedings for a grant of probate or letters of administration are heard by the Family Division of the High Court where the estate is believed, at the time the application starts, to exceed S$5 million in value. That value is measured gross, without deducting the deceased's debts. Estates at or below S$5 million are handled by the Family Courts.

Separately, where Letters of Administration are granted over an estate exceeding S$5 million, the administrator is generally required to provide an administration bond with two sureties under section 29 of the Probate and Administration Act 1934. This is a different requirement from the venue rule, though both are triggered at the same S$5 million figure.

The small-estate route: the Public Trustee

Not every estate has to go through the courts. Where the total value of the estate is S$50,000 or less (excluding Dependants' Protection Scheme funds), the family may be able to have the Public Trustee's Office administer it instead, which is simpler and cheaper than a court application.

The route is not available in every case. It is excluded where, for example:

• any interest in an HDB flat passes to a child;
• the deceased owned a business or shares in an unlisted company;
• there are disputes or outstanding debts among the beneficiaries;
• there are trust accounts for children, or nominated insurance beneficiaries; or
• the estate includes a commercial vehicle such as a taxi.

The Public Trustee charges a tiered administration fee on estate monies it handles, starting at 6.5 per cent on the first S$5,000 and reducing on higher bands, with a minimum fee of S$15. The precise fee schedule is published by the Public Trustee's Office.

What probate does not cover

Probate deals with the estate, and some assets are never part of it. Your CPF savings pass by nomination outside the estate, and jointly held assets often pass automatically to the survivor. Those assets are dealt with by their own routes and do not need the grant.

Getting help

A grant application involves affidavits, a schedule of assets and, for an intestacy, working out who is entitled and in what shares. Many families engage an advocate and solicitor to prepare and file the papers, especially where there is property, a business or any dispute among the beneficiaries.

This guide is part of the wills, estates and power of attorney in Singapore section, which links the related guides on planning ahead and settling an estate.