What is a Grant of Probate?
A Grant of Probate legally recognises a person as the Executor / Executrix of the Estate of the Deceased. The appointed person will be able to distribute the Estate to the beneficiaries in accordance with the Will. If there is no Will, you are required to apply to Court for a Grant of Letters of Administration
You are required to obtain a Grant of Probate (1) where the value of the Estate is worth more than $50,000 and (2) that the Estate has outstanding debts and liabilities. Otherwise, you can opt to apply for the Public Trustee to administer the Estate.
How to apply for a Grant of Probate?
If the gross value of the Estate exceeds $3million, the application for a Grant of Probate shall be filed in the Family Division of the High Court. Anything less than $3million, such application can be filed in the Family Justice Courts.
If you have engaged a lawyer, they will guide you through the different stages of the application. Before you commence your application, you will need to get ready the following documents:
Original copy of the Deceased person's Will
Original copy of the Death Certificate
Your lawyers will thereafter submit a certified true copy of the Will and the Death Certificate. They will also conduct a caveat and probate search.
Once the documents have been filed with the Courts, a provisional probate case number will be assigned to your matter. You will be required to do the following:
Submit the original Will to the Probate Counter
Draft and file the Administration Oath
A Supporting Affidavit confirming that the documents filed are true as well as the Schedule of Assets
Finally, if the Courts are satisfied with the application, a Grant of Probate will be granted. The Executor can thereafter take the said Grant to execute the Estate in accordance with the Will.
How long does the entire process take?
This really depends on the complexity of the matter. If the application is straightforward and simple, it is likely to obtain the Grant in a few weeks. Otherwise, you are looking at a few months.
To ensure a smooth and efficient process, it is advisable to engage a lawyer to assist with the application process. They can help ensure that all necessary documents are prepared and submitted correctly, which can help to reduce the processing time.
You may consult our lawyers +65 6970 8287 for a consultation on your probate matters.