How does applying for a grant of probate work?

Step 1: Find the original will

The court needs the original signed will, not a copy. Families often know where it is kept, or it may be held by the lawyer who prepared it. If no one is sure, look through the deceased's papers and ask relatives. A lawyer can also search the Wills Registry, which may record where a will is kept, and place notices asking other law firms whether they hold one.

If no valid will can be found, the estate needs letters of administration instead of probate.

Step 2: Register the death and get the death certificate

The death must be registered and a death certificate obtained, as it is needed for the application and for dealing with institutions. Death certificates can be obtained through the MyLegacy website.

Step 3: Work out what the estate contains

Before filing, list the deceased's assets and debts and find out their values. Typical assets include property, bank accounts, shares, insurance policies and vehicles; debts may include mortgages, loans, credit cards and taxes. Bank statements, insurance documents and investment statements are good starting points, and the deceased's insurance agent may be able to help.

Check how each asset was held. Jointly held property, nominated insurance and CPF savings usually pass outside the estate, while assets in the deceased's sole name need the grant.

Step 4: Prepare and file the application

The application is filed with the Family Justice Courts. The papers usually include:

• an originating summons, which asks the court for the grant;
• a statement setting out details of the executor and the deceased;
• the original will and the death certificate;
• a supporting affidavit confirming the information is true;
• an administration oath, in which the executor undertakes to administer the estate properly; and
• a schedule of assets listing what the deceased owned and its value.

Step 5: The court reviews the application

The court reviews the documents and may fix a hearing. Applicants attend unless the court indicates the application has been granted without one. If the papers are in order, the court informs the applicant when the grant can be collected.

Step 6: Administer the estate

With the grant, the executor can approach banks, HDB, insurers and other institutions. It may be necessary to open an estate bank account to hold money collected before distribution.

The executor then pays the funeral expenses, debts and taxes, distributes the remaining assets to the beneficiaries named in the will, and keeps clear records so that a final account can be given to the beneficiaries.

Common complications

Things take longer when the will is unclear or challenged, when beneficiaries disagree, when assets are overseas, or when the named executor will not act. A lawyer can review your situation and explain your options.