Experiencing the loss of a loved one is a challenging and emotional ordeal. Despite the grief, it is essential to address specific responsibilities following their passing, such as handling the probate process and attending to the deceased’s financial and legal affairs. In this legal blog, we aim to provide a compass for those learning the complexities of estate management, offering insights into the vital processes that follow a loss. If you need more guidance tailored to your needs, don’t hesitate to work with an experienced lawyer. Having a legal team will empower you with the knowledge to make informed decisions during this time of vulnerability.
Legal Things You Must Know
In the event of a family member’s demise, it is imperative to report the death to manage the estate and address inheritance matters. Read more on the things you need to arrange for below:
Certificate of Cause of Death
This document is necessary to obtain the Death Certificate, a prerequisite for burial or cremation.
Death Certification
All deaths in Singapore, irrespective of citizenship, must be registered within 24 hours. Such occurs automatically once a registered doctor certifies the death. The next of kin is required to present the deceased person’s identification document to the doctor or hospital to facilitate the death certification.
Funeral Arrangements
Factors to consider for the funeral arrangement include the deceased’s religious beliefs, preferences, and wishes as outlined in the will (if applicable).
Inform Necessary Entities
Notifying relevant entities, including the deceased’s employer, insurance company, etc., about the recent passing is vital. Such ensures the resolution of specific arrangements and paves the way for subsequent processes.
Initiate the Probate or Administration Process
Whether or not a will exists, the family must take control of the deceased’s estate and distribute assets to lawful beneficiaries while settling any existing debts.
The Existence of A Will
If a will is present, the appropriate legal procedure involves applying for a Grant of Probate. Contrarily, if no will exists, the applicable course of action entails applying for a Grant of Letters of Administration.
With a will the necessity for applying for a Grant of Probate arises from the need for the court to formally recognize the will, granting legal authority to the appointed executor to manage the deceased’s assets according to their wishes. This application ensures that the distribution of the deceased’s assets aligns with their intentions, respecting their final wishes. Within the will, the individual designated to handle the assets is called the “executor.” Importantly, this appointed executor is authorized to initiate the application for a Grant of Probate, thus initiating the legal process that solidifies their authority to carry out the testamentary instructions. Without a Will
In contrast, a Letter of Administration becomes necessary when the deceased did not leave behind a will. This legal document provides the authority for an individual, known as the administrator. The administrator will handle the deceased’s estate and distribute assets following the laws of intestacy, as there is no specific guidance from a will in such scenarios.
Conclusion Coping with the loss of a loved one is challenging, and family members often feel uncertain about what steps to take. Understanding how to handle the financial and legal aspects of the deceased can provide closure and aid in moving forward. Depending on the intricacy of your situation, involving a probate lawyer can be a time-saving measure and alleviate the stress associated with ensuring the accurate submission of necessary documents. Engaging a specialized probate lawyer is crucial for obtaining probate, especially when the deceased has assets designated for distribution to beneficiaries.
