Do I Need An Attorney To Probate A Will

Do I Need An Attorney To Probate A Will – The executor is the person responsible for managing the estate and carrying out the wishes of the deceased, as stated in their will.

Any person can be appointed executor, as long as they are over 21 years of age, not bankrupt, and healthy.

Do I Need An Attorney To Probate A Will

The deceased can choose an executor they know personally or a professional executor, such as a lawyer or a trust company licensed by the Monetary Authority of Singapore.

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Typically, at least 1 executor is appointed, with another (or more) reserve executor in case the first executor dies or refuses to be appointed.

He may have knowledge of his appointment as executor if the deceased drafted his will, informed him of his intention to appoint him as executor, and received prior approval from him.

Another situation may be that the deceased’s attorney or a close family member, relative, or friend informs you that you are the designated executor.

When a person dies and leaves a will, generally the person’s attorney will read the will and determine who the executors of the will are. From there, the lawyer will inform the executors and find out if they are willing to accept the appointment.

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If the will was not left with the deceased’s lawyer or relatives and you cannot find it, you can retrieve the will information from the will register, if the deceased left the will there.

A solicitor or relative of the deceased can carry out an “existing will search” in the register of wills to obtain information about the will.

If you are next of kin, you must also show proof of relationship. (This can be your marriage certificate if you are a spouse or your birth certificate if you are a parent/child).

Once you are notified of his appointment, you will need to decide whether or not he wishes to take on an executive role.

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Because the duties of an executor can be relatively onerous and the process quite lengthy, you may choose to decline the appointment and waive your right to probate.

Alternatively, if you decide to accept the appointment, you will need to complete the checklist below to execute your will.

The infographic below is a summary checklist for implementers. You can click on the image to open it in a new tab.

To identify your responsibilities as executor, you must read the will and understand the instructions given to you by the deceased.

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You must then arrange a funeral for the deceased according to the instructions in the will. You can claim funeral expenses from the deceased’s estate (see below).

After that, you must obtain all the relevant documents necessary to apply for grant of probate in the next phase (see below).

As executor, you must also petition the court to be legally recognized as the deceased’s executor.

Probate is an important court order to obtain because it authorizes you as the executor to carry out the instructions of the will. This includes the distribution of the deceased’s assets to their designated beneficiaries.

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An important step in filing for probate is to determine the total assets and liabilities of the deceased and submit a list of assets to the court.

You need the assets and liabilities (e.g. expensive jewelry).

You can do this by looking at the assets listed in the will, as well as reviewing bank statements or financial statements for unpaid amounts, such as interest, dividends, and any other forms of income.

It is not necessary to hire a probate attorney to apply for probate. You can apply yourself at the counters of the e-litigation office.

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Because the steps involved in applying for probate can be complex and involve a large number of documents, it is recommended that you hire a probate attorney to assist you in the process.

An attorney will be able to file the application in a more efficient manner, which can help expedite the probate process.

To apply for a grant of probate, several documents must be submitted (as mentioned above). Once these documents have been reviewed, the application will be approved and you will be able to apply to receive the estate.

If the deceased’s estate is solvent, meaning the deceased has more assets than liabilities, they can use their assets to pay debts and taxes.

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For example, under section 58 of the Income Tax Law, the executor must ensure that the deceased’s estate is used to pay his or her income tax.

However, if the decedent’s estate is insolvent (i.e., the decedent’s liabilities are its assets), the decedent’s funeral, probate and administrative costs will take priority over any debts or taxes owed.

Subsequently, the order of payment of all other debts is carried out in accordance with the debt priorities provided for by bankruptcy law.

Under section 67 of the Administration and Probate Act, if the deceased’s estate is worth more than $50,000, you can claim funeral expenses from the estate, including all reasonable costs of subsequent religious services held for the deceased.

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If the deceased’s estate is worth $50,000 or less, the public administrator can arrange for reimbursement of funeral expenses. The maximum amount you can claim for funeral expenses is $6,000.

You may also claim all reasonable probate and administrative expenses from the decedent’s estate. These costs are what you need to properly carry out your duty as executor and include the costs of any actions taken to administer the estate.

As mentioned above, if the deceased’s estate is insolvent, these costs will take priority over all other debts.

When distributing the deceased’s estate, the executor is required to ensure that all beneficiaries, creditors, and others who have an interest in the estate receive payment in accordance with the will.

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Therefore, although it is not mandatory, it is advisable to announce your intention to distribute the deceased’s assets in the Staatscourant or another outlet, such as a newspaper, to ensure that everyone is paid accordingly.

This announcement also serves as a notice inviting all other persons who have a claim on the deceased’s estate to file their claim within 2 months.

This notice protects you as the executor because you can then distribute the property when the grace period expires, and you will not be liable if someone makes a claim on the property later.

Once he receives probate from the court and after the above notice period has expired, he may continue to distribute the assets to the beneficiaries or their respective guardians, in accordance with the terms of the will.

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The court expects you to administer the estate within a reasonable time after the decedent’s death. Generally this would be within 6 months of death.

As executor, you have a fiduciary duty to maintain the accounts and allow users to inspect them upon request.

Before distributing assets, you must also submit invoices for beneficiaries to review and approve.

The purpose of keeping accounts is not only to inform beneficiaries about the administration of the estate, but also to ensure that the executor properly performs his or her duties.

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There are no set rules on how accounts should be kept. However, they generally must include appropriate, complete, and accurate reasoning and documentation for all actions taken as the executor.

For example, the accounts may contain information about the current status and past transactions with respect to each asset received by the executor, according to the Asset List.

It is not necessary for the deceased to compensate the executor for the administration and distribution of the assets of the will.

However, according to article 66 of the Inheritance and Administration Law, the court may, at its discretion, pay the executor a commission of up to 5% of the value of the assets collected.

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Being appointed and accepting the role of executor often comes with a lot of responsibility. The steps required to perform the duties of an executor can also be long and complex.

Therefore, you may wish to contact one of our experienced probate attorneys to assist you in this process.

The information provided is not legal advice. You should obtain specific legal advice from an attorney before taking any legal action. Although we try to ensure the accuracy of the information on this website, you rely on it at your own risk. For those who are not well versed in Singapore’s inheritance and administrative laws, it can be difficult and emotionally draining to handle inheritance matters without the help of a lawyer.

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