one steps forward, the estate is left without an active executor.
Check 3: Confirm You Have The Original Will
The original signed copy of the will is needed to start any legal process. Photocopies or scanned versions may not be accepted unless you can explain to the Court why the original cannot be found. If you are unsure whether the version you have is legally valid, it is best to consult a lawyer before proceeding.
Legal Route: Letters Of Administration With Will Annexed
If there is no executor named in the will or the named person is unable to act, the will itself remains valid. The estate can still be distributed according to the deceased’s wishes. Still, someone has to step up and apply for the legal authority to manage it.
This is where Letters of Administration with the Will Annexed come in.
What Is It?
It is a legal document issued by the Family Court (or High Court for large estates) that gives someone the authority to act in place of an executor. The person who receives this document is called the administrator. They carry out the same tasks an executor would, but they must follow the instructions in the will.
Who Can Apply?
In Singapore, the Court usually gives priority to:
- The surviving spouse
- Adult children
- Parents or siblings
- Any major beneficiary named in the will
- A professional firm or trust company (if the estate is large or complicated)
Applicants must be over 21 and of sound mind. If there is more than one eligible person, they can apply jointly, or the Court may choose one or more of them based on who has the largest share in the estate.
What Do You Need To Apply?
You will need to prepare and file several documents with the Court, including:
- The original will
- The death certificate
- A full list of the deceased’s assets and liabilities
- A supporting affidavit explaining the situation
Once the Court approves the application, the administrator is officially appointed and can begin handling the estate.
What If There Are Disputes Over Who Should Apply?
It is quite common for family members to have differing views about who should manage the estate, especially when no executor has been named in the will. These disagreements can lead to delays or even legal challenges if not handled carefully.
The Court Follows a Clear Priority List
In Singapore, the Family Justice Courts refer to the Probate and Administration Act when deciding who has the right to apply for Letters of Administration with Will Annexed. The law gives priority in the following order:
- The surviving spouse
- Children of the deceased (starting with the eldest)
- Parents
- Siblings
- Other next of kin or major beneficiaries under the will
If more than one person of equal standing wants to apply, they may apply jointly. If they cannot agree, the Court may appoint one of them or even a neutral third party. The goal is always to protect the interests of the estate and the named beneficiaries.
What Happens If You Have A Will But No Executor: What Happens To The Estate In The Meantime?
Many people wonder what happens to the deceased’s money, property or possessions if there is no executor and no one has been appointed yet. The short answer is that nothing can legally move forward until the Court grants someone authority.
Bank Accounts and Property Stay Frozen
All personal bank accounts in the deceased’s sole name will be frozen. Joint accounts may continue to be accessible by the surviving holder, but only if they are held under joint tenancy. CPF savings, insurance payouts and HDB ownership transfers also cannot be processed until an administrator is officially appointed.
Real estate owned solely by the deceased cannot be sold, transferred or rented out. Mortgage payments may still be due, and property tax continues to accumulate. Utilities may need to be paid, but no one has the legal standing to do so on behalf of the estate until the Court steps in.
Bills, Taxes and Funeral Costs May Need To Be Paid First
If family members pay urgent expenses out of pocket, they should keep clear records and receipts. These can be claimed back from the estate later, once the administrator is appointed and begins the distribution process.
Why An Executor Matters
When someone writes a will, they usually name a trusted person to carry out their wishes. This person is called the executor. The executor’s job is to handle the deceased’s estate. This involves collecting assets, such as bank accounts and property, paying off any outstanding debts or taxes, and then distributing the remaining assets according to the will.
Without an executor, none of this can begin. Banks will not release funds. Property cannot be transferred or sold. Beneficiaries may start getting anxious or confused about when they will receive their inheritance. The process becomes more complicated and time-consuming.
This is why the question of “What happens if no executor is named in a will?” is so important. Without someone legally appointed to act, everything is on hold. Thankfully, there are procedures in Singapore that allow someone else to step in and apply for permission to manage the estate.
Conclusion About Things To Do If You Have A Will But No Executor
Finding out there is no executor named in a will can be unsettling, especially during a time of grief. But now you know what happens if no executor is named in a will and, more importantly, what you can do about it. Whether you apply to be the administrator or need help navigating the Court process, you do not have to face this alone.
At Tembusu Law, we have helped many families through probate with empathy, clarity and care. As the best Divorce lawyer and criminal lawyers in Singapore, we bring strong legal insight to every matter, and we are ready to support you, too.
Contact us today and let us help you carry out your loved one’s final wishes with confidence and peace of mind.
Frequently Asked Questions About Things To Do If You Have A Will But No Executor
Can More Than One Administrator Be Appointed?
Yes, the Court may appoint up to four joint administrators, provided they agree to act together.
Does The Administrator Need To Provide A Bond?
Sometimes. The Court can require a security bond, usually waived when beneficiaries agree, or the estate is modest.
What If A Beneficiary Is Overseas?
The administrator can still proceed but must keep overseas beneficiaries informed and may need additional affidavits.
Can An Administrator Be Removed Later?
Yes. If they mismanage the estate, beneficiaries may apply to the Court to replace them.
Is Probate Still Needed For Joint Accounts?
Generally, no, funds in joint tenancy accounts pass automatically to the surviving holder.
How Soon Should I Apply After Death?
There is no strict deadline, but delaying can increase bank charges and property maintenance costs, so act within a few months.
