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 probate take?

The timeline depends on estate complexity and will documentation. Simple estates with clear instructions may complete within one month, whereas complicated estates — such as those involving overseas assets, contested claims, or missing documents — can require twelve months or longer.

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 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