Grant of Probate or Letter of Administration

What is the difference?

With Will - Grant of Probate

Without Will - Letter of Administration

It may take some time to extract either a Grant of Probate or Letter of Administration. For a straightforward case, you can expect to get it done in about 2-3 months. It can take more than 6 months for a more complicated case. Once ready, this will be valid for six years. It is also important to note this application needs to be done within 6 month of the deceased passing.

The Transmission Process

Once the grant of Probate or Letter of Administration is ready, the executor or administrator will need to register his / her right to manage the property through a process known as “transmission”.

Inheriting a HDB Flat

Beneficiaries can do that provided they are eligible and fulfill HDB’s housing requirements. Do note that in order to keep the flat, you:

Need to be a Singaporean/ PR above 21 years old (form a family nucleus) or are Singaporean singles above 35 years old etc.

Do not own another HDB Flat or Private Property (if flat is purchase after 30 August 2010, if it’s bought before that – you can keep both your private property and the HDB flat)

Are prepared to sell your current private property/ HDB flat within 6 months

You will need to notify HDB after the probate or letter of administration is ready. Set up an appointment with the designated HDB branch office. The executor or administrator needs to go to the branch office in person to sign the necessary documents. He/ She will also have to prepare the following:

The will (if available)

The grant of probate or Letter of Administration

A copy of all the beneficiaries and the executor’s NRIC

The title deed (if available)

Death certificate

Pay fees @ HDB Office

HDB will then take time to prepare the necessary documents, and send a letter in due course to notify of the next appointment, whereby the executor or administrator is required to sign more documents.

Once this is done, the executor or administrator will be reflected in the system and can proceed to submit the Intent to Sell using their Singpass.

Once this step is completed, you are now free to issue an Option to Purchase 7 days after the Intent to sell has been lodged. The house will require staging after personal belongings have been removed.

How long do you have to sell?

If you check with HDB, they will advise “as soon as possible”. But they do exercise a lot of flexibility and compassion. After all, it can be hard to have to part with a long time family home. Do note that if you do not sell the property within 6 years, then you may need another court order before you can sell the HDB flat. This will result in more legal fees.

Inheriting a private property

In terms of procedure, this would be much more straightforward. It is important to note that the beneficiaries will also take on the outstanding mortgage loan (if any), quarterly management fees and property tax etc. So there is a need to check if it is viable to keep the property. Total Debt Servicing Ratio (all loans cannot exceed 60% of gross monthly income) would also apply. For a beneficiary who owns a HDB flat and has not fulfilled the Minimum Occupation Period, then he or she will not be able to hold on and also need to sell the private property.

Should you tell potential buyers that this is an estate sale?

There is no need to emphasize that and we must be truthful when asked by the buyers the reason for selling. It really does not affect the sale. What remains crucial is to prep the unit well before marketing. The physical viewing experience is what will make or break the deal.

WE ARE READY TO ASSIST

We would love to help you in your property journey. Contact one of our TemasekClass consultants for a non-obligatory discussion.