Someone you love has just passed away, and now every bank clerk is asking, “So, what is probate?” You Google the phrase while the condolence cards are still on the table, hoping for a straight answer.
In Singapore, probate is simply the Court’s green light that lets an executor unlock accounts, settle debts and pass on whatever is left to the rightful heirs.
By understanding why it matters and how quickly you can secure it, you save time, money and heartache during an already difficult season.
What Is Probate?
In the simplest terms, probate is the legal process where the Court confirms that a deceased person’s will is valid. Once approved, the Court issues a document called a Grant of Probate, which gives the named executor the authority to act on behalf of the estate.
You might have heard people ask, “What is the probate of a will?” or “What is the probate of a will?” – they all mean the same thing. It’s the step where the Court officially recognises the will and the executor’s legal power to carry out the instructions within it. Until this happens, most institutions, such as banks, insurers, and government bodies, won’t allow access to the deceased’s assets.
Probate isn’t about questioning the contents of the will unless someone contests it. It’s mainly a safeguard to ensure everything is done properly and the right people receive what was intended. Without probate, even something as basic as closing a bank account or transferring property can hit a legal dead-end.
When Must You Apply For Probate?
Not every situation calls for probate. So, when is it actually required?
You’ll need to apply for probate if the deceased:
- Left a valid will
- Owned assets in their sole name (such as a private bank account or property)
- Had an estate valued at more than S$50,000, especially if it includes liabilities
In these cases, the executor must apply for a Grant of Probate before managing or distributing any part of the estate.
If the estate is valued under S$50,000 and there are no outstanding debts, you might be able to avoid the probate process by going through the Public Trustee’s Office, which offers a simplified method of estate administration.
In cases where no will exists, probate is not applicable. Instead, a family member would need to apply for Letters of Administration, which is a separate legal process handled by the Court.
It’s also worth noting that joint assets, like joint bank accounts or jointly owned property, typically pass directly to the surviving joint owner and do not require probate.
How Long Does Probate Take, And What Will It Cost?
Probate isn’t an overnight process, but it doesn’t have to drag on either. In most straightforward cases, where there’s a clear will, no objections from family members, and all the paperwork is in order, the process takes around two to six months from start to finish.
Here’s a rough timeline to keep in mind:
- 2 to 3 weeks: To gather documents, prepare affidavits and file the application
- 1 to 2 months: Court review, approval, and issuance of the Grant of Probate
- A few weeks more: To settle debts and begin the distribution of assets
But if the will is contested or if there are overseas assets, missing documents or unclear beneficiaries, the timeline can stretch longer, sometimes well over six months.
Now, about the costs.
Legal fees for probate in Singapore vary depending on the complexity of the estate and whether the executor is engaging a lawyer. For small and simple estates, you might spend around S$200 to S$400.
- Legal advice and document preparation
- Filing fees and Court charges
- Administrative work like contacting banks, insurers or HDB
Can Probate Be Avoided?
Yes, in some situations, you can avoid going through probate altogether.
That’s because not every asset needs probate to be transferred, especially if the ownership is structured a certain way or if beneficiaries are already named.
Here are common scenarios where probate may not be needed:
- Joint Accounts Or Jointly Owned Property
If the deceased shared a bank account or held property in joint tenancy (not tenancy-in-common), the surviving joint owner typically becomes the sole owner automatically. No need for a Court order. - CPF Monies
CPF savings don’t go into the estate if the deceased made a nomination. The money goes directly to the nominated person(s) once you notify the CPF Board and submit the required documents. - Insurance Policies With Named Beneficiaries
If the policy has a named beneficiary (e.g. a spouse or child), the payout goes directly to them without passing through the estate, which means no probate is needed. - Small Estates (Under S$50,000)
If the total estate value is under S$50,000 and there are no outstanding debts, you can apply through the Public Trustee’s Office instead of going through the full probate process. It’s simpler, cheaper, and doesn’t involve the Courts.
While these scenarios sound like shortcuts, they only apply if the ownership structure or nominations were set up properly before death. If the deceased had assets in their sole name, like a flat, a car or a sizeable bank account, you’ll almost certainly still need to apply for probate.
That’s why it helps to have a legal professional review the estate details. It can save you unnecessary paperwork, delays, or missed entitlements.
Conclusion About The Meaning Of Probate And Its Uses
Handled properly, probate turns legal fog into clear next steps and allows a family to honour a loved one’s wishes without quarrels or costly delays. If you’ve been asking yourself what probate means and how it applies to your situation, you’re not alone, and you don’t have to handle it alone, either.
If you would like calm, expert guidance through each Court filing and affidavit, reach out to Tembusu Law, home to the best family lawyer and criminal lawyers in Singapore.
Contact us today and let our team set your probate journey in motion.
Frequently Asked Questions About The Meaning Of Probate And Its Uses
Do All Estates Need Probate?
No. Estates under S$50,000 with no debts may be handled by the Public Trustee, and jointly-held assets pass directly to the survivor.
How Long Does Probate Usually Take?
Straightforward cases are often completed within two to six months; disputes can extend the timeline.
Who Can Apply For A Grant Of Probate?
Only the executor named in the will (or all executors if more than one) may apply.
What Happens If There Is No Will?
The nearest relative applies for Letters of Administration, and the estate is distributed under the Intestate Succession Act.
What If Beneficiaries Disagree With The Will?
They may file a caveat or start Court proceedings. Until any disputes are resolved, the Grant of Probate may be delayed.
