What is Probate? A Guide for Singapore Residents

Probate is the formal legal process through which a will is validated by the High Court of Singapore, and the executor named in the will is granted the legal authority to administer the estate.

Without a grant of probate, the executor has no formal standing to access the deceased’s bank accounts, transfer property, or distribute assets.

In Singapore

Probate in Singapore is governed by the Probate and Administration Act. The application is made to the Family Justice Courts. Most probate matters are handled by a solicitor on behalf of the executor or the estate.

The process, in outline:

1. The executor files an application to the court, submitting the original will
2. The court reviews the application and, if satisfied, issues a Grant of Probate
3. The Grant of Probate is the document that gives the executor authority to act
4. The executor then administers the estate — paying debts, collecting assets, distributing to beneficiaries

What Requires Probate

Probate is needed for assets held in the sole name of the deceased that do not pass by another legal mechanism. This typically includes:

• Bank accounts in the deceased’s sole name (above S$50,000 generally requires a court order)
• Property held under tenancy in common (the deceased’s share)
• Investments and securities in the deceased’s sole name
• Business interests held personally

What Does Not Require Probate

Several significant asset types pass outside probate in Singapore:

• CPF savings — pass to nominees directly via the CPF Board
• Nominated insurance policies — pay directly to beneficiaries
• Joint tenancy property — passes by survivorship to surviving owner
• Bank accounts held jointly — may pass directly to surviving account holder

For many estates, a substantial portion of assets bypasses probate entirely, which is one reason why having a valid CPF nomination and reviewing insurance nominations is as important as having a will.

Probate Costs by Estate Complexity

Total probate cost depends on the size and complexity of the estate, not just court filing fees. As a general guide:

Complexity	What’s involved	Typical total cost
Simple	Single valid will, no disputes, assets mostly in Singapore, cooperative beneficiaries	S$3,000 – S$5,000
Moderate	Multiple asset classes (property, investments, business interests), some coordination across banks and institutions	S$5,000 – S$10,000
Complex	Overseas assets requiring foreign grants or resealing, contested will, disputes among beneficiaries, or a missing/damaged original will	S$10,000 – S$25,000+

Court filing fees themselves are a small fraction of this total — the bulk is legal fees, which scale with how much coordination, documentation, and (if applicable) dispute resolution the estate requires. Estates that involve overseas property often cost more not because of Singapore court fees, but because of the added step of obtaining a foreign grant or having the Singapore grant “resealed” in the other jurisdiction.

If There Is No Will

If the deceased left no valid will, the family cannot apply for a Grant of Probate. Instead, they must apply for Letters of Administration — a related but different process. The court appoints an administrator (usually a close family member) and the estate is distributed under intestacy rules.

Probate vs Letters of Administration at a Glance

	Probate	Letters of Administration
When it applies	A valid will exists	No valid will exists (intestate)
Who is appointed	The executor named in the will	An administrator, following intestacy priority order (spouse, then children, then parents, then siblings)
Who controls distribution	The will-maker, via the will’s instructions	The Intestate Succession Act’s fixed statutory shares
Court’s role	Validates the will, authorises the named executor	Appoints an administrator; no will to validate
Typical timeline	3-6 months (uncontested)	3-6 months, often longer due to establishing next-of-kin
Typical cost	S$3,000-S$25,000+, by complexity	S$3,000-S$10,000+

The practical difference that matters most: with a will, you choose who administers your estate and how it is divided. Without one, both decisions default to statutory rules that may not match what you would have wanted.

Advisor Perspective

Probate is often the part of estate planning that families only think about when they are in the middle of it — which is the worst time to discover how long it takes. I consistently recommend that estate plans be designed to minimise the assets that must pass through probate: maximising what goes through nominations, ensuring property ownership reflects the intended distribution, and keeping the will for assets where probate is unavoidable. The goal is a smooth handover, not just a valid legal framework.

Common Mistakes

Naming an executor who is overseas or difficult to reach. The executor needs to be accessible and willing to act. Naming someone without discussing it is a common issue.

Not keeping the original will in an accessible location. Probate requires the original will. A copy is not sufficient. Storing it somewhere the executor cannot find it defeats the purpose.

Assuming all assets need probate. Many assets bypass it. Understanding which do and which do not helps families plan for post-death administration realistically.