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WHEN DO I APPLY FOR GRANT OF PROBATE?

In Singapore, you need to apply for a Grant of Probate to distribute the deceased’s assets in accordance with the law. 

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How & when do I apply for a Grant of Probate in Singapore – In Singapore, you need to apply for a Grant of Probate to distribute the deceased’s assets in accordance with the law.   A person has to be appointed by the Court as an executor or administrator before he or she can administer the estate.   At PKWA Law, we are normally able to extract (obtain) your Grant of Probate within 1 to 2 months.

How to apply for Grant of Probate in Singapore

There are 3 stages:-

1. Filing the application

2. Providing the supporting Affidavit and OIT of Summons, Schedule, Sureties

3. Extracting the Grant.

 

Stage 1 

Your lawyer will file:

Originating Summons (cause book searches), Statement, Administration Oath

CTC of Death Certificate or Order of Court for presumption of death of Deceased
Renunciation

CTC of will & codicil (if any), including translation (if any) certified by lawyer)

Foreign Grant (for resealing of foreign grant);

Consent of Co-administrator (if any);

Inheritance Certificate (for Muslims);

Others e.g. Court Orders, Affidavit of Foreign Law

Stage 2 

Supporting Affidavit (to be filed within 14 days from filing of OS)
Supplementary Affidavit (if Schedule is not filed in Supporting Affidavit)
Others eg. Summons for Dispensation of Sureties, Affidavits, Orders of Court etc (if there are vulnerable beneficiaries or Family Division of the High Court cases)

Stage 3 

Request to Extract Grant

Administration Bond

Request to Extract Memorandum of Resealing.

The executor is under a duty to distribute the assets in accordance with the Will.

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What if there is no Will?  How does the executor distribute the assets?

If there is no Will, Section 7 of the Intestate Succession Act spells out who gets what:

No. Who survives the deceased (i.e. who is alive at the time the deceased passed away)? Who are the beneficiaries and what are their shares of the estate?
1 Spouse.
(No issue or parents.)
Spouse – 100%.
2 Spouse and issue. Spouse – 50%.
Issue – 50% in equal portions.
(The descendants of any deceased child will only inherit their deceased parent’s share.)
Issue.
(No spouse.)
Issue – 100% in equal portions.
(The descendants of any deceased child will only inherit their deceased parent’s share.)
Spouse and parents.
(No issue.)
Spouse – 50%.
Parents – 50% in equal portions.
Parents.
(No spouse or issue.)
Parents – 100% in equal portions.
Siblings and children of deceased siblings.
(No spouse, issue or parents.)
Siblings – 100% in equal portions.
(The children of any deceased sibling will only inherit their parent’s share.)
Grandparents.
(No spouse, issue, parents, siblings or children of siblings.)
Grandparents – 100% in equal portions.
Uncles and aunts.
(No spouse, issue, parents, siblings, children of siblings or grandparents.)
Uncles and aunts – 100% in equal portions.
None of the above. Government – 100%.

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When should I apply for Grant of Probate?

You should apply for a Grant of Probate as soon as possible.  The deceased’s properties and assets should be distributed to the beneficiaries without unreasonable delay.

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RELATED ARTICLES:

Probate Fees .

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Keen to discuss more?  Kindly contact PKWA Law for your free consultation with our lawyers.
Call Us At +65 6854 5336
Email Us At mail@pkwalaw.com