Probate in Hong Kong: how to apply for a grant

Probate is the court process that gives someone legal authority to deal with a dead person’s property in Hong Kong. The document you receive is called a grant of representation, and it comes from the Probate Registry of the High Court. Without it, the person handling the estate usually cannot collect or transfer the deceased’s assets. You can apply yourself without a solicitor, but a personal application has to be made in person at the Registry.

Grant of probate or letters of administration

The Judiciary’s Probate Registry page describes two main kinds of grant. Which one you need depends on whether there is a valid will.

If there is a will but the executor cannot or will not act, someone else may still be able to apply under the will. The Registry’s specified forms are grouped by whether there is a will, so start there. The Guide to Non-Contentious Probate Practice sets out who is entitled to apply in each situation.

Small estates: the Official Administrator

Not every estate needs a grant. Under section 15 of the Probate and Administration Ordinance (Cap. 10), the Official Administrator may take possession of an estate worth not more than HK$150,000 and administer it summarily, without an application for a grant. The Judiciary says this usually applies where the estate is made up of cash, money in bank accounts in the deceased’s sole name and Mandatory Provident Fund (MPF) benefits. It is meant as an inexpensive route for small estates.

Estate duty no longer applies

The Revenue (Abolition of Estate Duty) Ordinance 2005 took effect on 11 February 2006. The Inland Revenue Department’s estate duty page says estates of people who died on or after that date are not subject to estate duty. No estate duty affidavit or clearance papers are needed for the grant. If the death was earlier, estate duty rules may still matter, so check with the IRD.

Documents you will need

The Registry’s guidance lists these supporting documents:

• the original or a certified copy of the death certificate
• the original will and a copy of it, if there is a will
• the original or a certified copy of the marriage certificate, if relevant
• the original or a certified copy of birth certificates, if relevant

You also complete the application in the specified forms, including a sworn or affirmed statement and details of the deceased’s assets and debts. The Registry publishes an application checklist to file with the application. Keep the original will clean and intact: do not remove staples, attach notes or write on it.

How to apply yourself

1. Find the original will, if there is one, and decide which grant you need.
2. Check that you are the right person to apply. The probate practice guide explains the order of entitlement.
3. Collect the documents above and list the estate’s assets and debts with their values.
4. Go to the Public Application Section of the Probate Registry. It can help with simple, straightforward cases. Under rule 4(8) of the Non-Contentious Probate Rules (Cap. 10A), Registry staff cannot give legal advice to personal applicants.
5. Lodge the application in person. Rule 4(1) allows personal applications, and rule 4(9) rules out applying by post.
6. Answer any requisitions. A requisition is a written request from the Registry to correct or explain something. The Registry’s list of common requisitions shows the usual problems, so read it before you file.
7. Pay the fees and collect the grant.

Fees and timelines

For a death on or after 11 February 2006, the Judiciary lists a HK$265 fee for filing the application and HK$72 for engrossment of the grant (preparing the final copy). There is no longer a scale fee based on the value of the estate for these deaths. Check the Probate Registry’s Guide to Court Services for current fees before you pay.

Simple personal applications usually take about 5 to 7 weeks. For applications through a solicitor, the Registry’s pledge is to send any requisitions within 28 working days after filing, and to issue the grant within 28 working days once all fees are paid and all requisitions are answered. Slow replies to requisitions are the most common cause of delay.

After the grant

The grant lets the executor or administrator collect the assets, pay the deceased’s debts and expenses, and pass what is left to the people entitled under the will or under the law on intestacy (dying without a valid will). Keep a written record of every payment in and out. Beneficiaries can ask to see it.

When to get a solicitor

A personal application suits a simple estate where the family agrees. Consider a solicitor if the will is unclear or damaged, someone disputes it, the deceased owned land, a business or assets outside Hong Kong, or the estate may not cover its debts. Read how to instruct a solicitor, then confirm the firm on the Law Society’s list using our guide to checking the Law List. You can compare firms in our law directory, and read about legal aid if cost is the obstacle.

We are not the Judiciary or the Probate Registry, and this is not legal advice.