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2. Procedures

Step 1:

The applicant for the Grant of Letters of Administration executes an Affirmation or Affidavit by 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.

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.

Step 3:

Answer any requisitions (questions) raised by the Probate Registry after their perusal of the documents.

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 Letters of Administration)

 

  1. A properly executed oath in the appropriate specified form (see below).
  2. The death certificate of the deceased
  3. A certificate showing the relationship of the applicant to the deceased (e.g. a photocopy of 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)
  4. A copy of the HKID cards of the deceased and the applicant
  5. If the situations stipulated in sub-sections (a) to (f) of 38(1) under Non-Contentious Probate Rules (Cap. 10A) arise, affidavit of justification for sureties (Form M3.1) and surety's guarantee (Form M3.2).

 

Specified Forms

The appropriate forms should be used for the applicants’ oath:

  • a surviving spouse including a partner to a union of concubinage (Form L1.1a, L1.1b, L1.2a, L1.2b);
  • children (Form L1.3a, L1.3b);
  • parents (Form L1.4a, L1.4b);
  • siblings (Form L1.5a, L1.5b);
  • grandparents (Form L.1.6a, L1.6b in the capacity of the lawful grandmother/grandfather of the deceased); and
  • uncles and aunts (Form L.1.6a or L1.6b in the capacity of the lawful uncle/aunt of the deceased).