What Is Probate Court When Someone Dies – For those unfamiliar with Singapore’s probate and administration laws, dealing with probate matters without the help of a lawyer can be difficult and emotionally taxing.
In this article, you will learn the role of a probate lawyer in Singapore, how much they charge and how to find one, so you can consider whether hiring a probate lawyer would be beneficial for you. The following infographic gives a quick summary of this:
What Is Probate Court When Someone Dies
What a Singapore probate lawyer does and why you should hire one
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Probate attorneys primarily handle applications for grants of letters of representation to be issued by the court. This includes filing relevant documents for obtaining the grant such as originating summons and supporting affidavits.
Grant of letters of representation empowers the grantee (i.e. the applicant to whom the letter of representation has been granted) to manage the deceased’s property and distribute it in accordance with the Intestate Succession Act or the deceased’s will, if any.
Without a grant, the deceased’s estate is in a public trustee, who will then distribute it if no one steps forward to administer the deceased’s estate.
A probate attorney can help you get a grant of power of attorney issued in a timely manner. This is important because if an application for a grant is not made or continued after 6 months of the deceased’s death, a letter of representation will be given to the Public Trustee for distribution instead.
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This means that if you are appointed as the executor of the will by the deceased or if you want to be appointed as the executor of the deceased’s estate, it will be difficult for you to regain ownership of the administration process.
It is also advisable to retain a probate attorney if the probate proceedings are likely to be contentious. Matters can be contentious where there is a dispute over probate.
For example, when the validity of the will is contested or when the beneficiary suspects that the executor is not complying with the will and wants to initiate proceedings against him. A lawyer will be able to advise you on the legal ramifications of such matters and possible steps to take.
In addition to applying for the grant of letters of representation, a probate attorney also helps with the following:
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You can choose not to hire a probate attorney and apply for a grant of representation letter. This is especially the case in cases where the value of the estate may be disproportionate to the cost of hiring a probate attorney (ie, the probate attorney’s fees may equal or exceed the value of the estate).
The procedure for probate can be found in the Probate and Administration Act, Family Justice Rules (Part 14) and Family Justice Court Practice (Part XII). All applications must be made through the eLitigation electronic filing system and the applicant must have a Singapore address.
For more information, you can also refer to our article to know more about the process of applying for Grant of Probate.
However, if you are unfamiliar with the legal processes of probate or may be involved in potential probate disputes (discussed above), hiring a probate attorney may be ideal in such situations.
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Generally, all lawyers have to charge a reasonable amount for legal work. What will be considered “reasonable” depends on all the circumstances, such as the nature of the work, the time spent on the work, and the lawyer’s position.
Charging on an hourly basis would mean that the lawyer would charge for his time spent completing the test work. For example, if a lawyer spends 5 hours on a test matter and his hourly rate is $200/hour, he will charge you $1,000 for the total amount of work.
Charging on a fixed fee basis will mean that the probate attorney is charging for the probate matter himself and will quote a fixed price for the work. For example, an attorney may charge a fixed fee package for a grant of probate application with an amount of $1,000.
There is no one answer to which type of charging is preferable for probate matters, but always make sure you do your research and comparisons between different law firms so that you find one that matches your needs.
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First, you can ask for recommendations from anyone in your social groups. You can also visit the Law Society of Singapore or the Ministry of Law to see which law firms offer probate and administration services.
On that, you can narrow down the list of probate lawyers. Think about your needs and call their office to make an initial inquiry. Your considerations may include:
For example, our platform Call a Lawyer offers a service that allows you to have a 20-minute telephone consultation with an experienced lawyer.
Alternatively, you can also make an appointment for a meeting to better understand whether he or she can help you with your matter. It is always best to prepare a list of questions for the attorney. Depending on the type of service you need, your list of questions will be unique to you.
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You can also easily contact up to 5 probate lawyers of your choice on our platform and get quotes from the lawyers.
For more information, please refer to our article on How to Choose a Probate Attorney After the Death of a Loved One.
Ultimately, whether or not you should hire a probate lawyer in Singapore is up to you. The process for obtaining a grant of representation can be complex, so it is recommended that people unfamiliar with probate matters, or dealing with potentially contentious probate matters, consider hiring a probate attorney.
The information provided is not legal advice. You should seek specific legal advice from an attorney before taking any legal action. Although we do our best to ensure the accuracy of the information on this website, you rely on it at your own risk. Courts also handle certain processes associated with legal guardianship, meaning the probate court process touches many people’s lives at some point.
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So, what is probate? If you are a party to a probate court proceeding or may soon become one, it is important to have a strong understanding of the procedures involved. Understanding the test space will help you prepare to navigate the process when it’s time to go through it, whether now or in the future.
Nothing in this article should be construed as legal advice. Anyone participating in a probate court proceeding should contact a probate attorney.
The probate court provides a streamlined process for managing the estate and finances of a deceased person. In some cases, probate courts also determine the care and financial arrangements of a living person who needs a court-appointed guardian. When a person dies, the executor of the estate must file the deceased’s will with the probate court. Thus begins the process of verifying the will, which includes:
Probate Court has nothing to do with probation for a criminal charge or any other type of criminal proceeding. Criminal law and probate law are separate parts of the legal system with separate court procedures.
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Most states have laws that exempt certain types of estates from probate court requirements. There are several tax structures and special legal entities that can help estates avoid probate, and certain types of estates are automatically exempt. Common reasons estates avoid probate include:
In other cases, state law may require the estate to go to probate court. Some of the most common conditions under which an estate will enter probate court include:
Thus, even for well-planned estates, it is often not possible to avoid probate entirely. When a probate court is required, that means a probate surety bond will also be required.
Sometimes, the probate court will appoint someone as an executor, trustee, guardian or administrator. These roles include principal responsibilities in the administration of the estate and fiduciary duties. In such cases, a court-appointed person may be required to obtain a probate bond.
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What is Test Bond? A probate bond is a surety bond—a three-party agreement that guarantees a legal or professional obligation. The court, known as the obligor in the terms of the surety bond, provides the responsible party, known as the principal, with a binding financial guarantee for their liability. The principal pays a neutral third party, called the surety, to provide the guarantee.
The probate judge has discretion on when to require a surety bond. A probate court is more likely to require a probate bond when:
Several factors determine the value of a probate bond’s surety bond, including the bond principal’s credit score and financial history. For most people, the fastest and most cost-effective
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