Understanding probate in Singapore

What is probate?

Probate is the legal process through which a deceased person's estate is dealt with. The procedure involves the court determining the validity of a will and the solvency of the estate, ultimately granting executors the authority to manage and distribute assets.

When is probate required?

Probate may be necessary regardless of whether a will exists. While jointly owned assets can sometimes bypass probate, this scenario remains uncommon, making the process standard for most estates.

If a person passes away with a will, probate grants the executor authority to act. If a person passes away without a will, the court appoints an administrator to distribute assets according to the Intestate Succession Act.

How long does a grant of probate take in Singapore?

The timeline depends on estate complexity and will documentation. Simple estates with clear instructions may complete within two to three months, whereas complicated estates – such as those involving overseas assets, contested claims, or missing documents – can require twelve months or longer. A clear, valid will usually helps.

Who is responsible for obtaining probate?

When a will exists, it is up to the named executor of the estate to obtain probate and distribute the estate to the named beneficiaries. The executor files an application with the Family Justice Courts in Singapore.

Without a will, a family member (usually the next of kin) must apply for Letters of Administration to manage the estate.

How to apply for a grant of probate in Singapore

Before they can deal with the estate, the executor applies for a grant of probate. Here is the probate process in Singapore, step by step.

The probate process in Singapore, step by step

1. The executor named in the will applies to the Family Justice Courts for a grant of probate, normally within 6 months of the person passing away.
2. The executor prepares the documents the court needs (listed below) and files the application – online through eLitigation and the Probate eService, or at a Service Bureau if they're not eligible to use the eService.
3. The court confirms the will is valid and issues the grant of probate, giving the executor the authority to act on it.
4. With the grant, the executor locates the assets (the MakeGoodwill Schedule of Assets helps here), settles any debts and taxes, and distributes the estate to the beneficiaries.

Documents you'll need

• The original signed will – the executor presents this to the court's Probate Counter for verification, and it's returned afterwards
• A certified true copy of the will – certified as a true copy on every page by a lawyer; this is the version filed with the application
• A copy of the death certificate – a certified true copy isn't needed if there's an ICA digitally verifiable Digital Death Certificate or Death Extract
• A Schedule of Assets – a list of the estate's assets

Is probate always required in Singapore?

Which court handles the application depends on the size of the estate: estates worth up to SGD 5 million are dealt with by the Family Courts, and estates above SGD 5 million by the Family Division of the High Court. For a small estate under SGD 50,000, the family may be able to apply to the Public Trustee's Office without going to court at all. Jointly held assets – such as a property held in joint tenancy, or a joint bank account – pass straight to the surviving owner outside the grant of probate. CPF savings and nominated life insurance also sit outside it: the CPF Board pays out according to the member's nomination, and the insurer pays the named beneficiary. None of these assets form part of the application. How long all of this takes depends on the estate; the section above on how long a grant of probate takes covers the usual range.

The Family Justice Courts set out the full procedure and the current list of documents in their guide, How to file for a Grant of Probate. MakeGoodwill creates wills designed to comply with Singapore law – we don't handle probate or estate administration, so if you're applying for a grant or dealing with an estate, it's best to speak to a probate lawyer.

Do I need a lawyer to apply for a grant of probate in Singapore?

You don't need a lawyer to represent you – you can file the application yourself, online or through a Service Bureau. The Family Justice Courts do, however, require the true copies of the will and the other documents to be certified by a lawyer before you file, so you'll need a lawyer for that limited step.

How does having a will help with probate?

A clear, well-drafted will significantly simplifies the probate process:

• Named executor – Avoids delays in determining who manages the estate
• Clear instructions – Reduces potential for disputes among family members
• Asset documentation – Makes it easier to locate and distribute all assets
• Faster resolution – Courts can process straightforward wills more quickly

With a named executor and clear instructions already in place, the court has less to confirm before it issues the grant – which is why a clear, valid will usually speeds probate up.

If you haven't created your will yet, our guide to creating a will in Singapore covers everything you need to include.