Grant of Probate vs Letters of Administration in Singapore
When a loved one passes away, someone has to be given the legal authority to collect their assets, pay their debts and distribute what remains. In Singapore, that authority comes from a Court order known as a grant. The two most common types are a Grant of Probate and Letters of Administration. This guide explains the difference between them, who can apply for each, and what the application process involves.
Quick answer: A Grant of Probate is needed when the deceased left a valid Will that names an executor. Letters of Administration are needed when the deceased died without a Will, or when the Will does not name an executor who is able to act.
What is a Grant of Probate in Singapore?
A Grant of Probate is issued by the Court when a person dies leaving a valid Will. It confirms that the Will is valid and gives the executor named in the Will the legal authority to administer the estate.
With the Grant of Probate, the executor can deal with banks, the land registry, insurers and other institutions to collect the deceased’s assets, settle liabilities and distribute the estate to the beneficiaries according to the Will.
What Are Letters of Administration in Singapore?
Letters of Administration are issued by the Court when a person dies without a Will (known as dying intestate). The person appointed by the Court is called the administrator, and they perform a role similar to an executor.
Because there is no Will to follow, the estate is distributed according to Singapore’s intestacy rules under the Intestate Succession Act 1967, which set out how an estate is shared among the surviving spouse, children, parents and other relatives. For Muslim estates, distribution follows Muslim law instead.
Where there is no Will, the law sets out both who is entitled to act as administrator and how the estate is to be distributed. The administrator is usually a close family member who is entitled to a share of the estate, such as the surviving spouse or a child of the deceased.
Grant of Probate vs Letters of Administration: Key Differences
| Grant of Probate | Letters of Administration | |
|---|---|---|
| Did the deceased leave a Will? | Yes, a valid Will | No Will (intestate) |
| Who applies? | The executor named in the Will | Usually a family member entitled to inherit |
| Title of the person appointed | Executor | Administrator |
| How is the estate distributed? | According to the Will | According to the Intestate Succession Act 1967 |
| Main risk for the family | Delay if the original Will cannot be found | Assets may not go to the people the deceased would have chosen |
What if there is a Will but no executor?
Sometimes a Will exists but does not appoint an executor, or the named executor has passed away or is unable or unwilling to act. In this situation, a beneficiary may apply for Letters of Administration with the Will annexed. The estate is still distributed according to the Will, but the person administering it is appointed by the Court rather than by the Will.
How to Apply for a Grant of Probate or Letters of Administration
The application process for both grants follows similar steps. Applications are filed with the Family Justice Courts.
Search for a Will
Before applying, the family should check whether the deceased left a Will. A search of the Singapore Academy of Law’s Wills Registry is usually one of the first steps. Where a digital copy was deposited with SAL’s new Wills Repository Service, it may help if the original Will cannot be found.Gather the documents
These typically include the death certificate, the original Will (if any), and details of the deceased’s assets and liabilities, such as bank accounts, property, shares and loans.Prepare and file the application
The application sets out the details of the deceased, the applicant and the estate. For Letters of Administration, the applicant also needs to show why they are entitled to apply.Obtain the grant
Once the Court is satisfied, the grant is issued. The executor or administrator then presents it to banks and other institutions to collect the assets.Administer and distribute the estate
The executor or administrator pays any debts and expenses, then distributes the remaining assets to the beneficiaries.
How Long Does it Take?
The timeline depends on how complete the documents are, the size and complexity of the estate, and whether any family member objects. A straightforward application with all documents in order is generally faster than one involving a missing Will, overseas assets or a family dispute.
Our fees for an uncontested Grant of Probate or Letters of Administration application start from $1,590.
Assets That May Not Need a Grant
Not every asset forms part of the estate that the grant covers. Some common examples are set out below.
CPF savings
CPF monies are distributed according to the member’s CPF nomination, and they do not pass under the Will.Jointly held property
Property held as joint tenants generally passes to the surviving joint owner by survivorship.Insurance with a nominee
Policy monies with a valid nomination are generally paid to the nominee.
Whether you need a grant, and which type, depends on the full picture of the estate. A short consultation with a probate lawyer can save the family time and avoid mistakes that cause delay.
Probate and Letters of Administration: Frequently Asked Questions (FAQ)
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A Grant of Probate is issued when the deceased left a valid Will naming an executor. Letters of Administration are issued when there is no Will, or when the Will does not name an executor who is able to act.
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The applicant is usually a close family member who is entitled to a share of the estate under the Intestate Succession Act 1967, such as the surviving spouse or a child of the deceased.
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A family member applies for Letters of Administration, and the estate is distributed according to the Intestate Succession Act 1967 rather than the deceased’s own wishes.
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Under Section 9 of the Probate and Administration Act 1934, the Court may grant probate of a copy of the Will where the original has been lost, mislaid, or cannot for sufficient reason be produced.
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A lawyer is not always required, but most families find it helpful to engage one, particularly where the estate is complex, the Will is missing or a family member disagrees with the application.
Speak to a Probate Lawyer in Singapore
Applying for a grant often comes at a difficult time for the family. Our Wills & Estates team guides executors and families through both Grant of Probate and Letters of Administration applications, and helps you understand what needs to be done at each stage.
If you are unsure which grant applies to your loved one’s estate, contact us to arrange a confidential consultation.
