Probate / Letter of Administration (LOA)
The Grant of Probate is a court document that is obtained by the executor(s) stated in the deceased individual’s Will, authorising them to manage the financial assets and debts of the deceased.
- Conversely, if the deceased individual passed away without a valid Will, the family may apply for the Grant of Letters of Administration to divide and distribute their legacy according to intestacy laws (for it to be passed on to the next-of-kin).
- While the Grant of Probate decidedly nominates the Executor named in the Will as the representative of the deceased, the Grant of Letters of Administration relies on priority for the application of the order. As such, if the deceased was married with children, the spouse and children would receive equal entitlement to the inheritance left by him/her; whereas if the deceased was single, the parents would be granted priority over their siblings, unless their parents had already passed on.
- With only a period of six months from the deceased’s date of death to apply for either, the process can be straining and confusing especially when battling with the loss of a loved one. Nevertheless, it remains a key process for the estate of the deceased to be distributed to their beneficiaries, especially if there is a sizable number of assets involved. The representative of the deceased would also be required to handle bank accounts, investments and the management of the deceased’s property, as well as settle any outstanding debts during this time. As such, the Grant of Probate and Grant of Letters of Administration are oftentimes a required document by financial institutions and authorities for the Administrator to move the assets (e.g. for the closure of accounts).
- Applying for a Grant of Probate? You may need to prepare the following in relation to the deceased: original Will, Death Certificate and Schedule of Assets.
- If you’re applying for a Grant of Letters of Administration, please prepare the following instead: Death Certificate of the deceased, full name, NRIC and contact of the next-of-kin applying for the order, and full names, NRIC and date of birth of all the beneficiaries.
- With that, let our experienced attorneys help you during this trying time with utmost clarity, sensitivity and professionalism. Get in touch with us here.