1. What are the new procedures for applying for a Grant of Probate or Letters of Administration?
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Step 1: |
The applicant for the Grant executes an Affirmation or Affidavit by Executor/Administrator (see "specified forms" below). The applicant has to sign that document and swear for the truthfulness of its content in front of a solicitor or a court officer. This Affirmation should be filed with the Probate Registry. Please note that different forms should be used for an application without a Will or an application with a Will. |
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Step 2: |
The applicant also needs to prepare an Affirmation/Affidavit verifying the Schedule of Assets and Liabilities, and a Schedule of Assets and Liabilities of the Deceased in Hong Kong as at the Date of Death (see "specified forms" below). The above documents must be lodged together with the documents listed in the section "Documents in support of the application" (see below) with the Probate Registry. |
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Step 3: |
Answer any requisitions (questions) raised by the Probate Registry after their perusal of the documents. |
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Step 4: |
Grant obtained. For a person who died on or after 11 th February 2006 , the relevant application fee is $265 and the fee for engrossment of a Grant is $72. |
Documents in support of the application (for a Grant of Probate):
- The death certificate of the deceased (please refer to the Immigration Department's webpage for details of death registration);
- The original Will of the deceased, plus one copy;
- A certificate that shows the relationship of the applicant to the deceased where this relationship is clearly expressed in the Will, e.g. a spouse will lodge a marriage certificate, and a son or daughter will lodge a birth certificate. If the Will identifies the applicant by way of an Identity Document number, present a copy of that Identity Document;
- If none of the above certificate showing the relationship is available, an Affirmation or Affidavit of Identity is required. The affirmation must be executed in the presence of a Commissioner for Oaths by someone who is not related to the applicant and the deceased by blood, marriage or adoption, but who has known the applicant and the deceased well for more than 5 years.
Documents in support of the application (for a Grant of Letters of Administration):
- The death certificate of the deceased (please refer to the Immigration Department's webpage for details of death registration);
- No Will can be submitted unless for the case that the deceased had made a Will with no valid executor (i.e. Letters of Administration with Will annexed);
- A certificate showing the relationship of the applicant to the deceased (e.g. the marriage certificate of the applicant and the deceased, or the birth certificate(s) of the child(ren) of the deceased, or the birth certificate of the deceased for a parent applicant);
- If such a certificate is not available, e.g. the marriage took place in Hong Kong before 7th October, 1971 or before 1st May, 1950 in Mainland China according to Chinese customary ceremony, the applicant may prove her relationship to the deceased by way of an Affirmation or Affidavit of Identity. The Affirmation must be executed in the presence of a Commissioner for Oaths by someone who is not related to the applicant and the deceased by blood, marriage or adoption, but who has known the applicant and the deceased well for more than 5 years.
Specified Forms
The Probate Registry has specific forms for use in regard to the above-mentioned documents and procedures. These must be adhered to with such variations or additions as circumstances may require.
Samples of the relevant forms are available upon request at the counter of the Probate Registry at LG3, High Court Building , 38 Queensway, Hong Kong . They can also be downloaded from the Judiciary website.
Although an application for a Grant of Probate or Letters of Administration can be made in person, you should consider seeking legal advice if there are complicated issues or disputes involved in the estate (e.g. the deceased has a foreign property).
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