Overview
Estate & Inheritance
Before you can start to distribute a deceased person's estate, you will first have to check whether the person has left a will.
The executor is someone named in the deceased's will as a person who is nominated to distribute the deceased's estate.
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With the Grant of Probate, the executor(s) will have the legal authority to manage and distribute the deceased's assets in accordance with the will.
First Steps
Is there a will left behind?
First and foremost, it is imperative to check whether the deceased person had left a will behind.
If the deceased person left a will, you will have to apply for a 'Grant of Probate' and become the executor of the deceased's estate.
If the person did not leave a will, you will have to apply for 'Letters of Administration' and become the administrator of the deceased's estate. (Read More: Letters of Administration)
Applying for a Grant of Probate
The executor named in the will has to apply to the court for a Grant of Probate.
Generally, the executor will make an application for the Grant of Probate to the Family Courts, if the deceased's estate is valued at $5,000,000 and below. However, if the total value of the deceased's estate exceeds $5,000,000, the executor will have to make the application to the Family Division of the High Court.
There are 3 main stages in the application for a Grant of Probate:
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Filing the application for a Grant of Probate
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Submission of the supporting documents
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Extracting the Grant of Probate
You are encouraged to engage a lawyer to help you with the application as there are many documents required to be filed and submitted to the court. However, should you wish to apply for a Grant of Probate on your own, you may refer to the Probate and Administration Toolkit on the Family Justice Courts website.
Documents Required
Before meeting with the lawyer, the executor should prepare and bring along:
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the deceased's digital death certificate;
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the original will of the deceased;
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the executor's identification documents (e.g NRIC or passport);
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a list of all the assets and liabilities owned by the deceased with supporting documents (e.g. bank statements, insurance policies, tax invoices etc.); and
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Muslim Inheritance Certificate from the Syariah Court (if applicable)
Filing the application for a Grant of Probate
In the preliminary stage of filing the application for a Grant of Probate, your lawyer will be helping you with the required forms and documents.
Your lawyer will have to prepare the following documents for the submission of the application to the Court:
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The ex parte Originating Summons;
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Statement for Probate;
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Deceased's digital death certificate; and
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Certified true copy of the deceased's will.
Submission of supporting documents
Once the application for the Grant of Probate has been filed with the required documents, you will receive a probate case number and a checklist of supporting documents to prepare.
Your lawyer will work with you to the prepare for the supporting documents:
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Administration Oath;
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Supporting Affidavit; and
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Schedule of Assets
You may not be able to complete and confirm the Schedule of Assets at this stage of the application. The Court may grant an 'Order-in-Terms' based on the supporting affidavit, without the Schedule of Assets.
The Schedule of Assets can subsequently be filed with a supplementary affidavit once your lawyer receives the relevant information.
Extracting the Grant of Probate
After all the required documents have been filed and submitted, your lawyer can proceed to request for the extraction of the Grant of Probate. Your lawyer will conduct a final caveat and probate search to ensure that there are no conflicting caveat and probate applications filed against the deceased's estate.
With the Grant of Probate, the executor(s) will be able to approach various institutions and request for access to the deceased's assets.
I do not wish to be an Executor
What happen if you are named as an executor of a will, but you do not wish to administer the deceased estate?
If you are named as an executor in a will but do not wish to administer the deceased's estate, you may renounce your right to act.
You may renounce your right to be an executor, through:
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a verbal declaration at the hearing for a Grant of Probate made by you or your lawyer
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a signed declaration on paper before a lawyer or commissioner for oaths
Final Notes:
If a loved one has just passed on, it can be an overwhelming and emotionally difficult task for the family members to deal with the deceased’s estate. If you require further assistance, you may enquire our service to get in touch with a law firm. The law firms will strive to provide a a professional and compassionate service to clients clients who have lost loved ones, and require legal assistance with applications to obtain a Grant of Probate or a Letter of Administration.
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