Selling a Loved one's HDB Flat (Grant of Probate / Letter of Administration). What to do?
A Heartfelt Guide Through the Grant of Probate / Letter of Administration Process of Selling a Loved One’s HDB Flat
Losing a loved one is an emotional journey, and managing their estate adds another layer of complexity. If you're tasked with selling their HDB flat, you’re not just handling a property; you're dealing with memories, emotions, and the legal intricacies that come with them.
What is a Grant of Probate?
A Grant of Probate is more than just a legal formality; it's a crucial step that allows you to honor your loved one's final wishes. It gives you, as the executor, the authority to manage and eventually sell the deceased's estate according to their will.
What is Letter of Administration?
Letter of Administration appoints an "Administrator" instead of an "Executor" to administer the deceased Estate as there is no WILL. The law will then have to identify the people who can apply to administer the Estate in order of priority for these individuals as follows:
1. The spouse of the deceased,
2. The children
3. The parents of Brother and sisters
4. Nieces and nephews
5. Grandparents
6. Aunts and uncles
Are You Eligible to retain the HDB flat?
Before you can even think about selling the flat, it's essential to ensure that you're eligible to retain ownership. The eligibility criteria to retain the deceased HDB are clear but navigating them during such an emotional time can feel overwhelming.
You must be a
- Singapore Citizen or Permanent Resident
- at least 21 years old,
- Meet the Housing Development Board’s (HDB) eligibility rules and conditions to own a HDB flat.
Steps to Selling the Flat
1. Obtain the Grant of Probate or Letters of Administration:
- This step is crucial not just legally, but emotionally as well. It’s the moment you step into the role your loved one entrusted to you. Engaging a solicitor will help ease the burden and ensure that everything is done correctly.
2. Register Your Legal Right:
- Once you have the necessary documents
- Original copy of the Grant of Letters of Administration and Statement for Grant of Letters of Administration or Grant of Probate and will
- Original copy of the Syariah Court Inheritance Certificate (for Muslim estates only)
- A copy of the deceased owner’s death certificate
- Duplicate lease of the deceased’s flat
- Identity card(s) of all flat owner(s) and Administrator(s) or Executor(s),
it's time to formally register your legal right to manage and sell the flat by lodging a notice of Death with HDB Branch office that is managing the deceased HDB flat. This process is a significant milestone which can take HDB Branch office up to 3 months to register and to complete the transmission of the HDB flat to the Administrator or Executor. This marks the beginning of fulfilling your loved one’s final wishes.
3. Prepare for the Sale:
- As you prepare to sell the flat, you’re also preparing to say goodbye to a space filled with memories. Ensure all legal requirements are met, and consider enlisting the help of a real estate agent to navigate this next phase.
4. Market the Flat:
- Putting the flat on the market can be bittersweet. You’re looking for someone new to create memories in a place that holds so many of your own. Take the time to highlight what made this flat a home, making it attractive to potential buyers. You can list the unit up for sale on your own by referring to our blog post Navigating the HDB Flat Portal: A Step-by-Step Guide
5. Complete the Sale:
- The final step in this journey is completing the sale. It’s the culmination of your efforts to honor your loved one’s legacy, ensuring their wishes are respected and their estate is properly managed.
Seeking Help and Moving Forward
This process can be overwhelming, both emotionally and legally. Don’t hesitate to seek legal assistance to guide you through. Remember, while you’re dealing with paperwork and legalities, you’re also carrying out an act of love and respect for the person who trusted you with their estate.
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