- Banks, HDB and insurers usually ask for one of these grants before releasing assets.
- Probate: there is a valid will, and the named executor applies.
- Letters of administration: there is no valid will, and a close relative applies.
- Assets that pass outside the estate may not need either grant.
Why a grant is needed
After a death, banks, HDB, insurers and other institutions will usually not release or transfer assets held in the deceased person's sole name until someone shows them a grant from the court. The grant proves who has legal authority to collect the assets, pay the debts and distribute the estate. Only one type of grant is needed, never both.
Applications are made to the Family Justice Courts, although larger estates may be dealt with by the Family Division of the High Court.
Grant of probate
A grant of probate is used when the deceased left a valid will. The executor named in the will applies, and the grant confirms that the will is accepted as the deceased's last will and that the executor may administer the estate according to its terms.
Letters of administration
Letters of administration are used when there is no will, or the will turns out to be invalid. A close family member applies to be appointed administrator, following a priority order that starts with the spouse, then children, parents, siblings and more distant relatives. The estate is then distributed under the Intestate Succession Act, not according to anyone's wishes.
Because no one has been chosen by the deceased, the court applies some extra safeguards. Others with an equal or prior right to apply usually need to renounce and consent, and where a beneficiary is under 21 at least two administrators, or a trust corporation, must be appointed.
A will with no executor able to act
Sometimes there is a valid will, but the named executor has died, is unwilling, or cannot act, and no substitute was named. In that case a beneficiary or other entitled person applies for letters of administration with the will annexed. The estate is still distributed according to the will.
Side by side
- Is there a valid will? Probate: yes. Letters of administration: no.
- Who applies? Probate: the executor named in the will. Letters of administration: a family member in the order of priority.
- Who decides the shares? Probate: the will. Letters of administration: the Intestate Succession Act.
- Extra paperwork? Letters of administration usually need renunciations and consents from relatives with an equal or prior right.
When neither may be needed
Not everything goes through the estate. A flat or bank account held jointly as joint tenants passes to the surviving owner, insurance with a valid nomination is paid to the nominee, and CPF savings go to CPF nominees. If all of a person's assets fall into these categories, a grant may not be necessary for them. Anything held in the deceased's sole name, such as a solely owned property, bank account or shares, generally does need a grant.
Muslim estates follow a different route, involving an inheritance certificate from the Syariah Court. A lawyer can review your situation and explain your options.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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