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 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.

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.

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.