Letters of Administration in Singapore: Administrators, Sureties and the Administration Bond

When a person dies in Singapore without a valid will, the court appoints an administrator to manage the estate through a Grant of Letters of Administration. Before the grant is extracted, the administrator may have to give security for the due administration of the estate by way of an administration bond, supported in some cases by two sureties. This page explains who has priority to apply as administrator, what documents are needed, when sureties are required, who can act as a surety, and how to apply to dispense with sureties.

What are Letters of Administration and when are they needed? #

A Grant of Letters of Administration is the court order appointing an administrator to collect the deceased’s assets, pay the debts and distribute the remainder of the estate. It is needed when the deceased died intestate, ie. without leaving a valid will. If the deceased left a valid will naming an executor, the executor applies instead for a Grant of Probate, and no administration bond or sureties arise. Where there is a will but no executor able or willing to act, the appropriate grant is Letters of Administration with the will annexed.

Where the deceased died intestate, the estate is distributed under the Intestate Succession Act. For who inherits and in what shares, see the rules for distribution of an intestate estate in Singapore.

Who has priority to apply to be the administrator? #

In Singapore, the priority for applying to be administrator for Letters of Administration is set out in the Intestate Succession Act (ISA) and the Probate and Administration Act (PAA).

If the deceased left a valid will, the executor(s) named in the will has priority to apply for a Grant of Probate. If there is no valid will, the following persons have priority to apply for Letters of Administration:

1. Surviving spouse or spouses
2. Children of the deceased
3. Parents of the deceased
4. Siblings of the deceased
5. Nephews or nieces of the deceased
6. Grandparents of the deceased
7. Aunts or uncles of the deceased

If there are multiple persons within a priority group, they have equal priority and can apply together. If there are no living persons within the above categories, the Public Trustee may be appointed as administrator of the estate.

What initial documents are required for the application? #

An application for a Grant of Probate or Letters of Administration is made by originating application without notice under Part 6, Rule 3 of the Family Justice (Probate and Other Matters) Rules 2024. The initial court documents (not exhaustive) include:

1. Originating Application for Probate (Form 162)
2. Supporting Affidavit (Form 163)
3. Administration Oath by the applicant (Form 167)
4. Renunciation, if applicable (Form 166)
5. The deceased’s death certificate: a Digital Death Certificate where one has been issued, otherwise a certified true copy

For the full checklists of what clients must provide for each type of grant, see documents required for probate matters from clients.

What is the administration bond? #

An administration bond is a legal guarantee given by the administrator(s) to ensure the proper management of the estate. It protects the beneficiaries and creditors of the estate by holding the administrator to the due administration of the estate under Singapore’s probate laws. Where required, the bond must be supported by two sureties who act as guarantors of the administrator’s conduct.

When are sureties required? #

Security for the due administration of the estate is governed by section 29 of the Probate and Administration Act 1934 and paragraph 214 of the Family Justice Courts Practice Directions 2024.

A grantee of Letters of Administration, whether with or without a will annexed, from the Family Division of the High Court, and an applicant to reseal Letters of Administration issued by a foreign court or authority, must give security by way of an administration bond and two sureties in accordance with section 29 of the Probate and Administration Act 1934.

A grantee of Letters of Administration, whether with or without a will annexed, from a Family Court must give security by way of an administration bond and two sureties in the following circumstances:

1. where the estate and effects in respect of which the grant is applied for, exclusive of what the deceased was possessed of or entitled to as a trustee and not beneficially, but without deducting anything on account of the debts due or owing from the deceased, exceed the value of $5 million
2. where there is a minority interest in the estate, eg. a beneficiary below 21 years of age
3. where there is a life interest in the estate
4. where there are beneficiaries who lack capacity within the meaning of the Mental Capacity Act 2008
5. where the grantee is a creditor of the estate; and
6. in such other cases as the Registrar thinks fit.

Who can be sureties? #

Prior to the extraction of the Grant of Letters of Administration (including for resealing of Letters of Administration cases), the Court may require the administrator(s) (referred to as “the Applicant”) to provide two sureties for the Court’s consideration.

A surety is someone who is responsible or liable for the action or conduct of the administrator(s). Sureties must be Singapore Citizens or Permanent Residents. Generally, the following particulars of the proposed sureties and their respective assets need to be furnished:

1. Full names of the sureties. They should not be standing as guarantor or surety for any other matters.
2. Relationship of the sureties to the Applicant. They should not be beneficiaries of the estate.
3. List of assets of each surety:

• Money in bank. State which bank and provide copies of the latest bank statements.
• Private property. State if the property is in sole or joint ownership and provide supporting documents. If the property is held in joint tenancy, all joint tenants are to be included as sureties. Protected property under section 51 of the Housing and Development Act 1959 (eg. an HDB flat) cannot be used for the purpose of justification.
• Shares. Provide a statement.
• Any other assets. Provide supporting documents.

Under paragraph 214 of the Family Justice Courts Practice Directions 2024, sureties must not use protected property under section 51 of the Housing and Development Act 1959, or monies in their CPF accounts which they are not entitled to withdraw, for the purpose of justification. If the proposed sureties are accepted by the Court, the Applicant will need to file an Affidavit of Justification.

Can the requirement for sureties be dispensed with? #

Yes. If the Applicant is unable to provide two suitable sureties, all the administrators may jointly apply to the Court for dispensation of sureties under paragraph 215 of the Family Justice Courts Practice Directions 2024, supported by an affidavit. The affidavit must set out, among other things, the deceased’s date of death, the efforts made to find sureties or the reasons why sureties cannot be found, the beneficiaries and their shares, details of any beneficiary who is a minor or lacks mental capacity and the steps proposed to protect their interests, the position on unsecured creditors and their consent, and (for deaths before 15 February 2008) the estate duty position. Written consent from all adult beneficiaries, signed before a solicitor or other authorised person, is required; without unanimous consent, additional procedures including a hearing may be necessary.

For the full requirements, see how to apply for dispensation of sureties for Grants of Letters of Administration.

What happens if a foreigner dies intestate with assets in Singapore? #

If a foreign or non-Singapore domiciled person dies intestate:

• his movable property located in Singapore (eg. bank accounts, shares) will be distributed according to the laws of the country in which he was domiciled at the time of his death; and
• his immovable property located in Singapore (eg. a flat, house or land) will be distributed according to the laws of Singapore, regardless of where he was domiciled at the time of his death.

The persons entitled to apply for a Singapore grant in such cases, and the special rules that apply, are explained in grants where deceased died domiciled outside Singapore.

How do I engage a probate lawyer for Letters of Administration? #

For our estimated legal fees, please see how to engage us for probate matters, or submit our Probate Quote form at law.com.sg/singapore-probate-quote/. To proceed, you may submit our Probate Online form at law.com.sg/singapore-probate-online/, upload your documents at law.com.sg/probate-documents-upload/, and book an appointment with a lawyer at book.law.com.sg.